Greece’s rights south of Crete

A determination by US lipid elephantine Chevron and lipid refiner HelleniQ Energy to submit a bid to research for earthy state disconnected Crete, has brought to the surface an contented that has been preoccupying Greek nationalist debate. The blocks successful question are located for the astir portion successful an undemarcated country of the Greek continental shelf. The view has been expressed that Greece’s rights implicit its continental support are not exercised automatically. Prior demarcation with neighboring countries is required, either done an statement oregon done ineligible action. Until then, Greece lone has claims. Therefore, with the objection of the Ionian Sea, which we person demarcated with Italy, and an country betwixt Crete and Rhodes, where we person a demarcation woody with Egypt, nary actions are permitted successful each different oversea areas. 

However, what happened successful Crete shows that this view has nary basis.

Under the International Law of the Sea, a state has sovereign rights implicit the continental support ab initio, that is, from the infinitesimal it exists arsenic a state, and ipso facto, meaning that nary declaration oregon designation is needed to found these rights. What is not wide is the boundaries where the continental support ends and that of a neighboring state begins. However, there is nary regularisation of planetary instrumentality that prohibits a state from determining what it considers to beryllium the outer limits of its continental support and exclusive economical zone (EEZ) unilaterally. Such an enactment does not needfully nutrient ineligible effects vis-a-vis neighboring states. However, the determination of the outer limits indispensable beryllium based connected planetary law. 

Furthermore, planetary instrumentality prohibits the workout of those rights successful an abusive manner. It is undoubtedly an maltreatment of rights to marque utmost claims implicit vast maritime areas without these claims being based connected planetary law. Finally, planetary instrumentality does not supply for the suspension of activities successful undemarcated areas. On the contrary, during the proceedings of the Conference connected the Law of the Sea, there was a strong absorption from galore delegations when something akin was proposed.

Turkey claims a ample portion of the Greek continental shelf, arsenic well arsenic the existing and imaginable Greek EEZ. Many of the Turkish claims person nary ground successful planetary law. Often the continental support claimed by Ankara is overmuch further from the Turkish seashore compared to the coasts of Greece oregon Cyprus. In different cases, such arsenic successful the Turkish-Libyan memorandum signed successful 2019, Turkey has nary nonstop entree to the maritime areas it claims and so cannot marque claims. Also, a immense country of tens of thousands of square kilometers cannot beryllium considered disputed conscionable due to the fact that 1 state says so. Any claims indispensable beryllium based connected planetary law. Those Turkish claims that are not legally compatible with planetary instrumentality (especially successful cases where they intelligibly violate its rules) cannot found rights successful favour of Turkey and person been made abusively and successful atrocious faith. They are simply a nationalist statement of Turkish positions. 

On the contrary, Greece’s claims are ineligible and successful enactment with planetary law. We assertion areas successful which (i) we borderline a sea, (ii) are located within the median enactment from our coasts, which is besides a basal planetary method of delimitation, and (iii) property a continental support to the continental and land coasts. In the lack of a delimitation agreement, arsenic stipulated successful Law 4001/2011, these limits are tentative. Furthermore, since 1978, each states and companies person been submitting applications for surveying connected the Greek continental support oregon informing the Hellenic Marine Exploration Licensing Committee (HMIC) astir the placement of cables, adjacent though the continental support has not been delimited successful astir of the area. Also, Greece successful 1959, 1969 and 2019 ceded marine blocks for probe and exploitation successful undemarcated areas.

Based connected each the above, the undemarcated areas of Greece’s continental support are divided into two zones: In 1 zone there are areas where there are overlapping claims of Greece and its neighboring states, legally compatible with planetary law. As a rule, these overlapping areas are located connected either broadside of the median enactment (e.g. betwixt Kastellorizo and Cyprus).

There, Greece and Turkey indispensable (i) enactment successful bully faith, (ii) not behaviour seismic surveys, fto unsocial drill, and (iii) run within the model of the peaceful solution of their disputes. The different zone includes those areas that are either not claimed by different states oregon their assertion by different states is not compatible with planetary law. In these areas, Greece freely exercises its exclusive rights. This is besides the lawsuit with the blocks south of Crete. A state does relation arsenic a court. It indispensable support its rights within the rules of planetary law.

Angelos Syrigos is an subordinate prof of planetary instrumentality and overseas argumentation astatine Athens’ Panteion University and an MP with ruling New Democracy.