78. The Greek Government invokes as a basis for the Court's jurisdiction in the present case Article 17 of the General Act under which the
parties agreed to submit to judicial settlement al1 disputes with regard to
which they "are in conflict as to their respective rights". Yet the rights that
are the subject of the claims upon which Greece requests the Court in the
Application to exercise its jurisdiction under Article 17 are the very rights
over the continental shelf of which, as Greece insists, the authors of the
General Act could have had no idea whatever in 1928. If the Greek
Government is correct, as it undoubtedly is, in assurning that the meaning
of the generic term "rights" in Article 17 follows the evolution of the law,
so as to be capable of embracing rights over the continental shelf, it is not
clear why the similar term "territorial status" should not likewise be liable
to evolve in meaning in accordance with "the development of international
relations" (P.C.I.J., Series B, No. 4, p. 24). It may also be observed that the
claims which are the subject-matter of the Application relate more particularly to continental shelf rights claimed to appertain to Greece in virtue
of its sovereignty over certain islands in the Aegean Sea, including the
islands of the "Dodecanese group" (para. 29 of the Application). But the
Dodecanese group was not in Greece's possession when it acceded to the
General Act in 1931;for those islands were ceded to Greece by kaly only in
the Peace Treaty of 1947. In consequence, it seems clear that, in the view of
the Greek Government, the term "rights" in Article 17 of the General Act
has to be interpreted in the light of the geographical extent of the Greek
State today, not of its extent in 1931. It would then be a little surprising if
the meaning of Greece's reservation of disputes relating to its "territorial
status" was not also to evolve in the light of the change in the territorial
extent of the Greek State brought about by "the development of international relations".
79. Furthermore, the close and necessary link that always exists
between a jurisdictional clause and reservations to it, makes it difficult to
accept that the meaning of the clause, but not of the reservation, should
follow the evolution of the law. In the present instance, this difficulty is
underlined by the fact that alongside Greece's reservation of disputes
relating toits "territorial status" in reservation (b)is another reservation of
disputes relating to questions of "domestic jurisdiction", the content of
which, as the Court has already had occasion to note, is "an essentially
relative question" and undoubtedly "depends upon the development of
international relations" (paragraph 59 above). Again, the Court c m see no
valid reason why one part of reservation (b) should have been intended to
follow the evolution of international relations but not the other, unless
such an intention should have been made plain by Greece at the time.
80. Having regard to the foregoing considerations, the Court is of the
opinion that the expression in reservation (b) "disputes relating to the
territorial status of Greece" must be interpreted in accordance with the
rules of international law as they exist today, and not as they existed in