As the Greek Agent confirmed in reply to a question put by the Court, the
words "the repetition of one of the two reservations which we formulated
when we accepted the compulsory jurisdiction of the Permanent Court"
refer unequivocally to the reservation of "territorial status" already used in
Greece's declaration under the optional clause and thus already known to
the Chambre des députés. Theprojet de loi was approved without discussion and without change, so that reservation (b) must be presumed to have
been included in Greece's instrument of accession on the basis of the
explanations given in the exposé des motifs.
67. Accordingly, when the Chambre des députés authorized the deposit
of Greece's instrument of accession to the General Act, it could only have
believed that Greece was making its accession subject to precisely the same
reservation of disputes relating to its territorial status as the Chambre had
previously authorized for its declaration under the optional clause. It
seems reasonable to assume that, if any change had been intended in the
scope of the "territorial status" reservation, to which particular importance was attached by Greece, some indication and explanation of that
change would have been included in the exposé des motifs. But there is no
evidence of such a change of intention either in the exposé des motifs or in
any other contemporary document before the Court.
68. Having regard to the several considerations which have been
mentioned by the Court, as well as to the explanation of reservation (b)
given in the exposé des motifs, the Court feels bound to conclude that the
wording of reservation (b) did not have the effect of integrating the reservation of disputes relating to territorial status into the reservation of
disputes concerning questions of domestic jurisdiction. On the contrary,
the Court finds that reservation (b) comprises two reservations, one of
disputes concerning questions of domestic jurisdiction and the other a
distinct and autonomous reservation of "disputes relating to the territorial
status of Greece, including disputes relating to its rights of sovereignty
over its ports and lines of communication". Accordingly, it is on this basis
that the Court will now consider the application of reservation (b) to the
present dispute. Moreover, as only this autonomous reservation of
disputes relating to territorial status is relevant in connection with the
present dispute, any further reference to reservation (b) by the Court will
be exclusively to the second part which concerns disputes relating to
Greece's territorial status.
69. The Greek Government maintains that a restrictive view has to be
taken of the meaning of the expression "disputes relating to the territorial
status of Greece" in reservation (b) by reason of the historical context in
which that expression was incorporated into the reservation. In this