Governments, as appears from the Application, maintained their respective positions in the diplomatic negotiations which followed, and in a Note
of 22 May 1976 the Greek Government recalled that it had emphasized as
two of the fundamental legal points in the dispute: (a) "the territorial and
political unity of the continental and insular parts of the Greek State"; (b)
"the existence of a continental shelf appurtenant to the [Greek] islands
concerned". In the same Note, it had also recalled and rejccted the Turkish
Government's reference to the islands as "mere protuberances on the
Turkish continental shelf" having no continental shelf of their own.
Summarizing its legal position in paragraph 29 of the Application, the
Greek Government names the islands concerned and reaffirms its contention that they "are an integral part of Greek territory which is entitled to
the portion of [the] continental shelf which appertains to them". It then
expressly rests its claims to continental shelf in respect of those islands
upon "the territorial and political unity of Greece".
88. It follows that the claims and contentions advanced by Greece in its
first submission directly relate to its territorial status as this was established by the various treaties through which was constituted the corpus of
the territory of the Greek State today. These claims and contentions, as
appears from the Application and the diplomatic correspondence, are
directly contested by Turkey and form the very core of the present dispute.
Consequently, it is difficult to escape the conclusion that, on this ground
alone, the present dispute is one which "relat[es] to the territorial status of
Greece".
89. In the present case, moreover, quite apart from the question of the
status of the above-mentioned Greek islands for the purpose of determining Greece's entitlement to continental shelf, the Court notes that during
the hearings in 1976 the Greek Government referred to a certain straight
base-line claimed by Turkey which is, however, contested by Greece.
Although it recognized that the resulting discrepancy between the Greek
and Turkish views of the limits of Turkey's territorial sea in the area is not
great, it observed that the discrepancy "obviously affects the question of
the delimitation of the continental shelf". The question of the limits of a
State's territorial sea, as the Greek Government itself has recognized, is
indisputably one which not only relates to, but directly concerns territorial
status.
90. Having regard to the various considerations set out above, the Court
is of the opinion that the present dispute is one which "relat[es] to the
territorial status of Greece" within the meaning of reservation (b) in
Greece's instrument of accession to the General Act. It accordingly finds
that Turkey's invocation of the reservation on the basis of reciprocity has
the effect of excluding the present dispute from the application of Article 17 of the Act.