74. In the opinion of the Court, the historical evidence adduced by
Greece does not suffice to establish that the expression "territorial status"
was used in the League of Nations period, and in particular in the General
Act of 1928, in the special, restricted, sense contended for by Greece. The
evidence seems rather to confirm that the expression "territorial status"
was used in its ordinary, generic sense of any matters properly to be
considered as relating to the integrity and legal régime of a State's territory.
It is significant in this regard that in the analysis of treaty provisions made
in the Systematic Survey of Arbitral Conventions and Treaties of Mutual
Security, published in 1927 by the Secretariat of the League of Nations
(one of the documents used in connection with the drafting of the General
Act), reservations of disputes relating to "territorial integrity", "territorial
status" and "frontiers" were exarnined together as having the same or a
very similar meaning. The Systematic Survey of Treaties for the Pacific
Settlement of International Disputes 1928-1948 prepared by the Secretariat
of the United Nations and published in 1948, also groups together, under
the title "Disputes relating to territorial status", provisions concerning
"territorial status", "territorial questions", "territorial integrity", "present
frontiers". As to the legal writers of the League of Nations period, the
Greek Government itself laid stress on the fact that they consistently
linked together treaty provisions excepting questions relating to "territorial status", "territorial integrity" and "existing frontiers".
75. It follows that for the same reasons the Court is unable to accept the
contention advanced in the Memorial that if the authors of the General
Act, or of the arbitration treaties containing a territorial status reservation:
"had contemplated excluding any disputes concerning the spatial
delimitation of State jurisdictions, they would not have failed clearly
to mention the familiar category of frontier disputes rather than resort
to the term of territorial status which was a very specific one in the
practice of the time" (Memorial, para. 236).
In the view of the Court, the term "territorial status" in the treaty practice
of the time did not have the very specific meaning attributed to it by the
Greek Government. As the nature of the word "status" itself indicates, it
was a generic term which in the practice of the time was understood as
embracing the integrity and frontiers, as well as the legal régime, of the
territory in question. This is implicit in the very wording of reservation (b)
itself which treats disputes relating to Greece's "rights of sovereignty over
its ports and lines of communication" as included in its reservation of
disputes relating to its "territorial status". These disputes by their nature
related to the interpretation and application of existing treaties rather than
to their revision.
76. Accordingly, the expression "relating to the territorial status of