12
AEGEAN SEA (JUDGMENT)
28. Af ter recalling the 10-11 March 1978 meeting at Montreux between
the Prime Ministers, the letter claimed that:
"The necessary conditions for the conduct of frank and serious
negotiations, and the spirit whch should motivate the parties
concerned, with a view to the settlement of their problems by such
negotiations, are not reconcilable with the continuation of international judicial proceedings."
Furthermore, in a Note Verbale to the Greek Government of 29 September
1978 concerning the Greek request for a postponement of the beginning of
the oral proceedings in the case, the Turkish Government objected to the
postponement, and expressed the opinion that:
". . . the discontinuance of the proceedings and the removal of the case
from the list of the International Court of Justice would be more
conducive to the creation of a favourable political climate for an
agreed settlement".
29. The Turkish Government's attitude rnight thus be interpreted as
suggesting that the Court ought not to proceed with the case while the
parties continue to negotiate and that the existence of active negotiations
in progress constitutes an impediment to the Court's exercise of jurisdiction in the present case. The Court is unable to share this view. Negotiation
and judicial settlement are enumerated together in Article 33 of the Charter of the United Nations as means for the peaceful settlement of disputes.
The jurisprudence of the Court provides various examples of cases in
which negotiations and recourse to judicial settlement have been pursued
paripassu. Several cases, the most recent being that concerning the Trialof
Pakistani Prisoners of War (I.C.J. Reports 1973, p. 347), show that judicial
proceedings may be discontinued when such negotiations result in the
settlement of the dispute. Consequently, the fact that negotiations are
being actively pursued during the present proceedings is not, legally, any
obstacle to the exercise by the Court of its judicial function.
30. The above-mentioned observations of the Turkish Government
might also be interpreted as making the point that there is no dispute
between the parties while negotiations continue, so that the Court could
not for that reason be seised of jurisdiction in t h s case. As the Court
recognized in its Order of 11 September 1976, the existence of a dispute can
hardly be open to doubt in the present case. Counsel for Greece correctly
stated that there is in fact a double dispute between the parties:
"There is a dispute about what the continental shelf boundaries in
the Aegean Sea should be, and there is a dispute as to the method
whereby this first dispute should be settled-whether by negotiation