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Doctoral theses

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Identifier

000445593

Title

Το ιστορικό των Σχέσεων Ελλάδας - Τουρκίας και η προοπτική οριοθέτησης των θαλάσσιων ζωνών μέσα από τη συγκριτική ανάλυση των δεδικασμένων των διεθνών δικαιοδοτικών οργάνων έως και σήμερα

Alternative Title

The historical record of the Greek-Turkish relations and the perspective of delimitating their maritime zones, through a comparison and a case-by-case study, of the judgments by the ICJ and the ITLOS , up today

Author

Παπαδάκης, Κωνσταντίνος

Thesis advisor

Ξενάκης Δημήτριος

Reviewer

Λάβδας Κωνσταντίνος
Τσάκωνας Παναγιώτης

Abstract

At the first part of this thesis we examine the theoretical framework along with the bibliographic research concerning the Greek-Turkish relations. This analysis incorporates the theoretical framework of both the maritime zones and the international and national law (Greece, Turkey). Furthermore, we analyze, as an example, how Cyprus managed, despite facing more difficult conditions, to delimitate its Exclusive Economic Zone (EEZ) with its neighboring states (Egypt, Lebanon, Israel). Individual cases of conflicts, involving similar features, have been examined in detail and yield useful conclusions regarding the case study. In particular, we studied the case judgments of the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS) and how those judgements directly affect the dispute between Greece and Turkey concerning the delimitation of the continental shelf and EEZ between the two states. After studying the aforementioned framework, by using and analyzing the relevant ICJ and ITLOS decisions, which were based on both international jurisprudence but also on the - generally - applied principle of equity, conclusions will be drawn that would allow Greece to be properly prepared for the possibility of a legal dispute with Turkey over the delimitation of maritime zones, through a case-by-case study of each disputed area, in order to achieve the best possible outcome for Greece. We will also analyze the strategic movements that need to be done by Greece in order to delimitate it’s EEZ, at first with Italy, then with Albania, Libya, Egypt and Cyprus, and finally with Turkey, having been strengthened, in diplomatic terms, from the previous delimitations. Nevertheless, this is expected to escalate Athens-Ankara relations and under specific circumstances, it may lead them to the International Court of Justice.Finally, after studying conditions and situations that would lead the two countries to an International Court of Justice, both the Justification of the decisions regarding the 12 nautical miles and the proportion of the EEZ shelf will be analyzed with fairness, taking into account the methods,used by the international courts, to delimitate the EEZs of cases concerning other countries. Τhe final conclusion will be drawn in a map of the potential EEZ Greece-Turkey, as it could be delimitated by the ICJ or the ITLOS, by taking into account the conditions and the aspects of their judgments up today.

Language

Greek

Subject

EEZ

Greece

ICJ

ITLOS

Nautical miles

Turkey

ΑΟΖ

Αιγιαλίτιδα ζώνη

Ελλάδα