D. Communications by States.1. Statement of the position of the Government of the Republic of 28 December 2004, to the information note b Turke concerning the latter's objection to the Agreement between the Republic of Cyprus and the Arab Republic of Egyt on the Delimitation of the Exclusive Economic Zone of 17 February 2003 (1) The Permanent Mission of the Republic of Cyprus to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to bring to the latter's attention, in his capacity as depositary DEPOSITARY, contracts. He with whom a deposit is confided or made. 2. It is, the essence of the contract of deposits that it should be gratuitous on the part 'of the depositary. 9 M. R. 470. of the United Nations Convention on the Law of the Sea For maritime law in general see Admiralty law. The United Nations Convention on Law of the Sea (UNCLOS), also called the Law of the Sea Convention and the Law of the Sea Treaty (LOST of 1982 ("the Convention"), the following statement regarding the position of the Government of the Republic of Cyprus with respect to the information note by Turkey, concerning the latter's objection to the Agreement between the Republic of Cyprus and the Arab Republic of Egypt on the Delimitation of the Exclusive Economic Zone of 17 February 2003, as published in the Law of the Sea Bulletin No. 54. The Government of the Republic of Cyprus wishes to refute re·fute tr.v. re·fut·ed, re·fut·ing, re·futes 1. To prove to be false or erroneous; overthrow by argument or proof: refute testimony. 2. the arguments expressed by the Republic of Turkey on the following grounds: 1. The Republic of Turkey's allegations are vague and unfounded, both in law and in substance. They are not based or supported by any specific legal or substantive argument. 2. The Agreement on the Delimitation of the EEZ EEZ Exclusive Economic Zone was signed between the Governments of two sovereign States <noinclude></noinclude>
It suffices in this regard to simply refer to the United Nations General Assembly Resolution A United Nations General Assembly Resolution is voted on by all member states of the United Nations in the General Assembly and requires a simple majority (50% of all votes plus one) to pass (with the exception of 'important questions which require two-thirds majority'). 3212 (XXIX) of 1 November 1974 and Security Council Resolutions 541 (83) and 550 (84) on Cyprus. Furthermore, since the 1st of May 2004, the Republic of Cyprus is a Member State of the European Union. 3. Regarding the technical aspects of Turkey's objection to the delimitation of the EEZ between the Republic of Cyprus and the Arab Republic of Egypt, the following facts suffice to refute the Turkish allegations: Both the Republic of Cyprus and the Arab Republic of Egypt are Member States of the United Nations Convention on the Law of the Sea of 1982, among a total number of 146 States Parties to the Convention, (the European Community also ratified rat·i·fy tr.v. rat·i·fied, rat·i·fy·ing, rat·i·fies To approve and give formal sanction to; confirm. See Synonyms at approve. the Convention), whereas Turkey remains among the very few countries opposing the Convention and its global significance in the field of international law. In accordance with established principles and rules of international law and the respective provisions of the Convention, the Republic of Cyprus and the Arab Republic of Egypt exercised their legitimate sovereign rights to delimit de·lim·it also de·lim·i·tate tr.v. de·lim·it·ed also de·lim·i·tat·ed, de·lim·it·ing also de·lim·i·tat·ing, de·lim·its also de·lim·i·tates To establish the limits or boundaries of; demarcate. the EEZ, lying between their respective coasts in a distance less than 400 nautical nau·ti·cal adj. Of, relating to, or characteristic of ships, shipping, sailors, or navigation on a body of water. [From Latin nauticus, from Greek nautikos, from miles. The Republic of Cyprus submitted in 1974 a Law proclaiming its Continental Shelf and in May 1993 a set of coordinates and a chart depicting its baselines to the United Nations Division for Ocean Affairs and the Law of the Sea (Bulletin No. 24 of December 1993), without any objection on behalf of Turkey. Under international law such practice amounts, inter alia [Latin, Among other things.] A phrase used in Pleading to designate that a particular statute set out therein is only a part of the statute that is relevant to the facts of the lawsuit and not the entire statute. , to tacit recognition of these claims and of the entitlement of the Republic of Cyprus to legitimate claims of maritime zones. When delimiting their EEZ, the Republic of Cyprus and the Arab Republic of Egypt, followed strictly the internationally accepted technical methods and specifications, as incorporated in the relevant Manual and Instructions of the International Hydrographic Organization The International Hydrographic Organization (IHO) is an international organization established in 1921 to coordinate the hydrographic activities of the member states. The IHO was the outgrowth of international conferences and congresses held as early as 1889. . Furthermore, when deciding on the extent of the delimitation line, both countries agreed to avoid extending that line in areas where the rights of third coastal States The U.S. Coastal states are states in the United States that have a coastline. This can be an ocean coast, a gulf coast, or a Great Lake coast. There are twenty three ocean/gulf of Mexico states, and eight Great Lake states. (New York is both an ocean state and a Great Lake state. could be affected (disclaimer), without abolishing their sovereign rights to do so in the future, when an agreement with those States could be reached. 4. Moreover the Turkish allegation that "the delimitation of the EEZ and the continental shelf beyond the western parts of the longitude longitude (lŏn`jĭt  d'), angular distance on the earth's surface measured along any latitude line such as the equator east or west of the prime meridian. 32[degrees]16'18" should be effected by agreement
between the related States at the region
based on the principle of equity" is totally unfounded under international law and the Convention for the following reasons: (a) Such allegation implying that the western parts of the longitude 32[degrees]16'18" should be effected by agreement, is tantamount tan·ta·mount adj. Equivalent in effect or value: a request tantamount to a demand. [From obsolete tantamount, an equivalent, from Anglo-Norman to accepting that islands and even more so a sovereign island State, in this case the Republic of Cyprus, is deprived of any maritime zones, contrary to customary international law, the Convention (articles 56, 77 and 121) and the International Court of Justice rulings. (b) Articles 74 and 83 of the Convention provide that the delimitation of the EEZ and of the Continental Shelf, respectively, between States with opposite or adjacent coasts "shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of GLOUCESTER, STATUTE OF. An English statute, passed 6 Edw. I., A. D., 1278; so called, because it was passed at Gloucester. There were other statutes made at Gloucester, which do not bear this name. See stat. 2 Rich. II. MARLEBRIDGE, STATUTE OF. the International Court of Justice, in order to achieve an equitable solution". Turkey, in its prejudicial prej·u·di·cial adj. 1. Detrimental; injurious. 2. Causing or tending to preconceived judgment or convictions: position against the Convention's relevant provisions, intentionally bypasses the obligation that the delimitation shall be effected by agreement on the basis of international law. 5. Turkey, by its unfounded allegations, attempts to intervene without any legal basis, with the legitimate and sovereign rights of third States, i.e. the Republic of Cyprus, the Arab Republic of Egypt and possibly other States that may be involved. This attempt aims at, especially, the rights of these States to delimit the EEZ by agreement under the Convention on the basis of international law. Therefore, these Turkish arguments are in fact legally null and void. The Permanent Mission of the Republic of Cyprus to the United Nations would highly appreciate if the Secretary-General informs the States Parties to the United Nations Convention on the Law of the Sea 1982 of the content of this Note and publishes it in the next "Law of the Sea Bulletin". The Permanent Mission of the Republic of Cyprus thanks the Secretary-General and avails itself of this opportunity to renew to him the assurances of its highest consideration. (1) Text communicated by the Permanent Mission of Cyprus to the United Nations in a note verbale dated 28 December 2004. 2. Note verbale dated 11 January 2005 from the Permanent Mission of the Republic of Croatia to the United Nations addressed to the Secretary-General of the United Nations with reference to the note from the Permanent Mission of the Republic of Slovenia dated 30 August 20041 The Permanent Mission of the Republic of Croatia to the United Nations presents its compliments to the Secretary-General of the United Nations in his capacity as the depositary of the United Nations Convention on the Law of the Sea and with reference to the note of the Permanent Mission of the Republic of Slovenia to the United Nations No. N-160/04 of 30 August 2004, which was circulated to the States Parties to the Convention, further to the arguments presented in the Note of the Permanent Mission of the Republic of Croatia to the United Nations No. 288/04 of 8 July 2004, has the honor to communicate the following: With respect to the statement in the aforementioned note, that the governments of both countries endorsed the "Treaty between the Republic of Croatia and the Republic of Slovenia on the Common State Border", which has been initialed by the head of the delegations of the two countries, the Republic of Croatia would like to point out that no treaty on land and maritime border has ever been signed or concluded between the Republic of Croatia and the Republic of Slovenia. The Republic of Croatia furthermore strongly rejects the map attached to the aforementioned note, presented as the map of the "agreed course of the maritime border", as being incorrect and misleading. At one stage of the negotiations between the two countries in 2001, the heads of delegations only initialed a text, which was later never signed and can in no way be regarded as a treaty on the border between two countries. It should be noted that this was only a stage in the negotiating process which shortly afterwards proved futile and without prospect. Furthermore, before initialing the text, Slovenian side was informed that Croatian side might be able to take further steps (i.e. deliver a decision to sign the agreement) only after the draft text was submitted to Croatian Parliament for consideration, as provided in the Declaration of Croatian Parliament from March 1999. However, the overall political and expert assessment of the Draft Border Agreement in Croatian Parliament as well as in Croatian public was not conducive to enabling the Government to continue the internal procedure for its signing. Consequently, on various occasions, Slovene side was informed by high ranking See Google bomb. Croatian officials, including the official letter of Croatian Prime Minister, that the solutions from the Draft Agreement on maritime border were not acceptable to the Republic of Croatia, and that the initialed Draft could not have any legal effects and could not constitute the basis for future solutions. So, the statement of the Republic of Croatia in Note of the Permanent Mission of the Republic of Croatia to the United Nations No. 288/04 of 8 July 2004 regarding the fact that no mutually accepted agreement has been reached or concluded concerning the border between the Republic of Croatia and the Republic of Slovenia, is correct and true and reflects the state of facts. With regard to the other claim put forward in the aforementioned note, the Republic of Croatia avails itself of this opportunity to recall that the Republic of Slovenia by itself, neither as a part of the former SFRY SFRY Socialist Federal Republic of Yugoslavia nor as a sovereign State SOVEREIGN STATE. One which governs itself independently of any foreign power. , has ever had a direct territorial exit to the high seas high seas In maritime law, the waters lying outside the territorial waters of any and all states. In the Middle Ages, a number of maritime states asserted sovereignty over large portions of the high seas. or acquired one since the dissolution of the former SFRY. Consequently, the Republic of Slovenia has never had its own continental shelf nor acquired the right to declare its own exclusive economic zone. There are no historically exercised rights "to direct exit to the high seas" by the former republics of the SFRY. The only state which existed at that time and exercised that right was the former SFRY, as the only subject of international law to which those rights could be attributed. All former republics, exclusively as part of the former state, benefited from it, including those that had no coast at sea. Contrary to the administrative borders on land which in the former SFRY existed between the former republics and which as of the moment of independence of each of the former republic became international borders between these new states, the maritime between the former republics were not formally established (although the competent authorities of the respective republics did exercise their jurisdiction at sea), and as such could not become the international borders of new states (i.e. the uti possidetis A term used in International Law to indicate that the parties to a particular treaty are to retain possession of that which they forcibly seized during a war. A treaty ending a war may adopt the principle of uti possidetis, the principle of principle could not be applied in case of maritime delimitation). Consequently, the maritime borders were left to be delimitated from the point in which the land border between Republic of Croatia and Republic of Slovenia enters into the sea at the foot of the Piran Bay in accordance with relevant provisions of the United Nations Convention on the Law of the Sea (hereinafter here·in·af·ter adv. In a following part of this document, statement, or book. hereinafter Adverb Formal or law from this point on in this document, matter, or case Adv. 1. referred to as UNCLOS UNCLOS United Nations Convention on the Law Of the Sea ) concerning the delimitation of the territorial sea A belt of ocean space adjacent to and measured from the coastal state's baseline to a maximum width of 12 nm. Throughout the vertical and horizontal planes of the territorial sea, the coastal state exercises sovereign jurisdiction, subject to the right of innocent passage of vessels on . The Republic of Croatia would further like to stress the fact that the attempt to refer to the initialed text as a legal basis and an alleged proof of a direct territorial exit to the high seas of the Republic of Slovenia is invalid and unfounded. The Republic of Slovenia, by itself, in the past (in the 1993 Memorandum on Piran Bay) clearly stated that it considered itself a State in a geographically disadvantaged position with reference to its inability to proclaim an exclusive economic zone. In its Memorandum on the Piran Bay of 1993, in which it put forward its claim in respect of the delimitation issue with the Republic of Croatia, Slovenian Parliament The Slovenian Parliament (Slovenian: Parlament Slovenije) is the bicameral legislative body of Slovenia. It has two chambers, the National Assembly (lower house) and the National Council (upper house). confirmed the fact that the Republic of Slovenia belonged to those States which, because of their geographical position, are not entitled to proclaim an exclusive economic zone. The Republic of Croatia rejects the assertion that Croatia has, in extending its jurisdiction and proclaiming the Ecological and Fisheries Protection Zone, in any way violated international law, and that it has not respected the rights of the neighboring neigh·bor n. 1. One who lives near or next to another. 2. A person, place, or thing adjacent to or located near another. 3. A fellow human. 4. Used as a form of familiar address. v. countries. The Republic of Croatia has the honour to reiterate that it has extended its jurisdiction over the area in front of its coast and adjacent to its territorial sea--to a portion of previous high seas in the Adriatic. The Ecological and Fisheries Protection Zone comprises the column of water above the continental shelf of the Republic of Croatia from the outer limit of its territorial sea seaward up to the outer limit allowed under general international law. The outer limit of the Ecological and Fisheries Protection Zone of the Republic of Croatia shall be determined (in accordance with article 74 of the UNCLOS) through delimitation agreements with the similar zones of those States whose coasts are opposite or adjacent to the Croatian coast, if they are entitled to and once they, too, will have extended their jurisdiction in accordance with international law. This delimitation is however of no relevance to the Republic of Slovenia, with whom the Republic of Croatia should delimit its territorial sea in accordance with article 15 of the UNCLOS. This territorial delimitation related to quite different areas than those in which delimitation of the zones may take place, and is further to the north where land border between the Republic of Croatia and the Republic of Slovenia enters into the sea in the area of the Piran Bay. For better understanding of relevant geographical circumstances, a map was attached to the Note of the Permanent Mission of the Republic of Croatia to the United nations No. 288/04 (attached herewith here·with adv. 1. Along with this. 2. By this means; hereby. herewith Adverb Formal together with this: as well), which the Republic of Slovenia in its above-mentioned note refused to accept. It it not up to Slovenia either to accept or to refute the attached map of the Northern Adriatic. The map simply showed the geographical positions and circumstances of the northern part of the Adriatic, without any indication of the maritime border between the two countries whatsoever. Rejecting a mere geographical map with no maritime border marked, indicated primarily the genuine attitude of the Republic of Slovenia, not towards the delimitation issues but towards its geographical position. However, as properly observed by the Secretary-General in this year's report, the UNCLOS was not meant to correct geographical circumstances, but to provide adequate remedies to the situations where states are at a disadvantage. To this end, the Republic of Croatia has always been and still is ready to respect the right to innocent passage and not to impair in any way the transit to and out of Slovenian and Italian ports in the Northern Adriatic. Throughout the years of negotiation, the Republic of Croatia even offered a more liberal regime of passage (i.e. transit passage), as well as various fisheries regimes in order to meet the rea interest of the Republic of Slovenia, but not at the expense of Croatian territory. With respect to the implementation of the legal regime of the Ecological and Fisheries Protection Zone, the Republic of Croatia would like to recall, as notified to the Secretary-General of the United Nations by the Note of the Permanent Mission of the Republic of Croatia to the United Nations No. 280/04 of 2 July 2004, that Croatian Parliament, by its Decision on Amending the Decision on the Extension of the Jurisdiction of the Republic of Croatia in the Adriatic Sea Adriatic Sea (ādrēă`tĭk), arm of the Mediterranean Sea, between Italy and the Balkan Peninsula. It extends c.500 mi (800 km) from the Gulf of Venice, at its head, SE to the Strait of Otranto, which leads to the Ionian Sea. of 3 June 2004, decided to implement the legal regime of the Ecological and Fisheries Protection Zone of the Republic of Croatia with regard to the member states of the European Union only after the conclusion of the fisheries partnership agreement with the European Community. With regard to all other States the implementation of the said regime had commenced on 3 October 2004. The assertion that this Decision was again "a practice of unilateral withdrawing from jointly adopted positions and agreements" is absolutely without any ground. The Republic of Croatia would particularly like to stress that no agreement has ever been reached to the effect that Croatia would postpone the legal regime of the zone until a joint consensual CONSENSUAL, civil law. This word is applied to designate one species of contract known in the civil laws; these contracts derive their name from the consent of the parties which is required in their formation, as they cannot exist without such consent. 2. solution is found. At the meeting of the State Secretaries of the Foreign Ministries of the Republic of Croatia, the Italian Republic, and the Republic of Slovenia, on 4 June 2004 in the presence of the European Commission, the Republic of Croatia communicated the already adopted decision of Croatian Parliament by which the regime of the Ecological and Fisheries Protection Zone of the Republic of Croatia will not be implemented with regard to the European Union member states until the partnership agreement in fisheries is concluded with the European Commission. The Agreed Minutes of the said meeting provide the record of the meeting at which the participants gave their statements and expressed their views and readiness to continue to work together in the EU spirit. The unilateral interpretation of the Government of the Republic of Slovenia on its "understanding" of the above-mentioned Decision of the Croatian Parliament is of no relevance, and can in no way affect the sovereign rights and jurisdiction of the Republic of Croatia in its implementation as well as in undertaking any other action or decisions which rests within the prerogative An exclusive privilege. The special power or peculiar right possessed by an official by virtue of his or her office. In English Law, a discretionary power that exceeds and is unaffected by any other power; the special preeminence that the monarch has over and above all others, of the coastal state in the zone in which it extended its jurisdiction in accordance with international law. With reference to the proposal of the Republic of Croatia put forward to the Republic of Slovenia to submit jointly the issue of delimitation at sea between the two states to an international judicial body so as to come to a binding decision with regard to this issue in accordance with international law, the Republic of croatia has not received any response which would enable further steps to be taken in this direction. The Republic of Slovenia has ignored the general obligation of the States Parties to the UNCLOS to settle any dispute between them concerning the interpretation or application of the Convention by peaceful means in accordance with article 279, and in particular the means mentioned in article 286 of the UNCLOS. And has been avoiding to accept the aforementioned Croatian proposal. Taking into consideration the provisions contained in the United Nations Convention on the Law of the Sea as well as the relevant facts, the Republic of Croatia can only regard the arguments presented in the note of the Permanent Mission of the Republic of Slovenia to the United Nations No. N-160/04 as being legally unfounded, and reject the assertions contained therein. The Permanent Mission of the Republic of Croatia to the United Nations would highly appreciate it if the Secretary-General of the United nations as the Depositary of the United Nations Convention on the Law of the Sea would circulate this note and the attached map to the States Parties of the Convention as well as publish them in the next edition of the "Law of the Sea Bulletin". The Permanent Mission of the Republic of Croatia to the United Nations avails itself of this opportunity to renew to the Secretary-General of the Untied Nations the assurances of its highest considerations. (1) Note verbale from the Permanent Mission of the Republic of Croatia to the United Nations dated 11 January 2005 3. Note verbale dated 24 February 2005 addressed to the Secretary-General concerning Turkey's objection to the Agreement between the Republic of Cyprus and the Arab Republic of Egypt on the Delimitation of the Exclusive Economic Zone of 17 February 2003 (1) The Permanent Mission of Greece to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to Note No. 2004/Turkuno DT/4739 dated 2 March 2004 from the Permanent Mission of Turkey to the United Nations concerning Turkey's objection to the Agreement between the Republic of Cyprus and the Arab Republic of Egypt on the Delimitation of the Exclusive Economic Zone of 17 February 2003. In the aforementioned note Turkey claims that the "delimitation of the exclusive economic zone or the continental shelf in Eastern Mediterranean, especially in areas falling beyond the western parts of longitude 32 12' 18", should be effected by agreement between the related States at the region based on the principle of equity". Greece, as one of the "related States at the region", would like to reiterate its long-standing position that the delimitation of the continental shelf or the exclusive economic zone between States with opposite coasts (both continental and insular insular /in·su·lar/ (-sdbobr-ler) pertaining to the insula or to an island, as the islands of Langerhans. in·su·lar adj. Of or being an isolated tissue or island of tissue. ) should take place in accordance with the pertinent rules of international law on the basis of the principle of equidistance/median line. This is confirmed by widespread, long-standing State practice, including the recently adopted Agreement between the Republic of Cyprus and the Arab Republic of Egypt on the Delimitation of the Exclusive Economic Zone. The Permanent Mission of Greece to the United Nations would highly appreciate it if the Secretary-General publishes the content of the Note in the next "Law of the Sea Bulletin". The Permanent Mission of Greece to the United Nations avails itself of this opportunity to renew to the Secretary-General of the United Nations the assurances of its highest consideration. (1) Note verbale from the Permanent Mission of Greece to the United Nations dated 24 February 2005. III. OTHER INFORMATION Corrigendum cor·ri·gen·dum n. pl. cor·ri·gen·da 1. An error to be corrected, especially a printer's error. 2. corrigenda A list of errors in a book along with their corrections. For Law of the Sea Bulletin No. 54 Page 51, 5th line from the to of the a e the coordinates: 721 30 50.1856 ... Should read: 74 30 50.185 6... |
|
||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion