21
AEGEAN SEA
(JUDGMENT)
(a) disputes resulting from facts prior either to the accession of
Greece or to the accession of another Party with whom Greece
might have a dispute;
(b) disputes concerning questions which by international law are
solely within the domesticjurisdiction of States, and in particular
disputes relating to the territorial status of Greece, including
disputes relating toits rights of sovereignty over its ports and lines
of communication."
49. The Greek Government maintains on various grounds that reservation (b) cannot be considered as covering the present dispute regarding
the continental shelf of the Aegean Sea. One of those grounds consists of a
contention that, when read correctly according to its terms, reservation (b)
does not cover al1 disputes relating to the territorial status of Greece but
only such as both relate to its territorial status and at the same time concern
"questions which by international law are solely within the domestic
jurisdiction of States". On this basis, it argues that, as the delimitation of
the continental shelf cannot be considered a question "solely within the
domesticjurisdiction of States", the subject-matter of the present dispute
is not covered by reservation (b). Since this ground is based on an essentially grammatical interpretation of the reservation, the Court will examine
it first.
50. The grammatical argument hinges upon the interpretation of the
words "et, notamment," ("and in particular") which precede the reference
to "les différends ayant trait au statut territorial de la Grèce (disputes relating
to the territorial status of Greece)". Those words are said by the Greek
Government to make it plain that the reference to "disputes relating to the
territorial status of Greece" was not intended to designate an autonomous
category of disputes additional to the category of disputes concerning
matters solely within domestic jurisdiction. The effect of those words,
according to the Greek Government, is to show that in reservation (b)
"disputes relating to the territorial status of Greece" are included within
the description of disputes concerning matters solely within domestic
jurisdiction, and are there mentioned merely as a particular example of
such disputes which it was desired to emphasize.
51. In support of this interpretation of the words "et, notamment," the
Greek Government invokes the authority of Robert's Dictionnaire alphabétique et analogique de la langue française (Vol. IV) which explains
"notamment" as meaning "d'une manière qui mérite d'être notée" (in a way
which deserves to be noted), and adds in brackets: "sert leplus souvent à
attirer I'attention sur un ou plusieurs objets particuliers faisant partie d'un
ensembleprécédemment désigné ou sous-entendu" (most often used to draw
attention to one or more particular objects forming part of a previously