7
AEGEAN SEA (JUDGMENT)
(v) that the activities of Turkey descnbed in paragraphs 25 and 26 [of the
Application] constitute infringements of the sovereign and exclusive
rights of Greece to explore and exploit its continental shelf or to
authorize scientific research respecting the continental shelf;
(vi) that Turkey shall not continue any further activities as described above
in subparagraph (iv) within the areas of the continental shelf which the
Court shall adjudge appertain to Greece."
in the Memorial:
". . . the Government of Greece requests the Court to adjudge and declare
that, whether, on the basis of Article 17 of the General Act for the Pacific
Settlement of International Disputes, 1928, read with Articles 36, paragraph 2, and 37 of the Statute of the Court, or on the basis of the joint
communiqué of Brussels dated 31 May 1975, the Court is competent to
entertain the dispute between Greece and Turkey on the subject of the
delimitation of the continental shelf appertaining to the two countries in the
Aegean Sea".
13. At the close of the oral proceedings, the following wntten submission was
filed in the Registry of the Court on behalf of the Government of Greece:
"The Government of Greece subrnits that the Court be pleased to declare
itself competent to entertain the dispute between Greece and Turkey on the
delimitation of the respective areas of continental shelf appertaining to
either country in the Aegean."
14. No pleadings were filed by the Government of Turkey, and it was not
represented at the oral proceedings; no forma1 submissions were therefore made
by that Government. The attitude of the Government of Turkey with regard to
the question of the Court's jurisdiction has however been defined in its communications to the Court of 25 August 1976, 24 April 1978, and 10 October 1978.
The last-mentioned communication was received in the Registry on the morning
of the second day of the public hearings, and was transmitted to the Agent of
Greece by the Registrar later the same day. In these circumstances account can
be taken of its contents only to the extent that the Court finds appropriate in
discharging its duty, under Article 53 of the Statute, to satisfy itself as to its
jurisdiction to entertain the Application.
15. I t is t o b e regretted that the Turkish Government has failed to
appear in order to put forward its arguments o n the issues arising in the
present phase of the proceedings and the Court has thus not had the
assistance it might have derived from such arguments o r from any evidence
adduced in support of them. Nevertheless, the Court, in accordance with
its Statute a n d its settled jurisprudence, must examine proprio motu the
question of its own jurisdiction t o consider the Application of the Greek