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A Prologue The Imia incident, which brought Greece and Turkey to the verge of armed conflict during the last days of Januarywould have remained one of the various episodes in an ongoing Turkish threat against Greece, if it were not for some specific features.
To begin with, it was the first time since the Greek-Turkish settlement of the Peace of Lausanne in that Turkey challenged the Greek sovereignty over parts of its land territory. Indeed, all previous Turkish challenges, even the ones that developed to dangerous incidents, as in Marchconcerned disputes over maritime zones, especially the continental shelf in the Aegean.
The same is true for the Turkish threat of the use of force casus belli against Greece in case Greece exercise its rights for the extension of the breadth of its territorial sea to 12 miles.
However, in the case of the Imia islets the claim was laid upon Greek land. A second feature of the Imia incident was that its facet was purely legal. Had it not been part of an overall Turkish expansionist strategy in the Aegean, or had the two islets been situated in other part of the world, the issue could have been easily settled through any international legal procedure.
A difference between two States on the interpretation of treaties is by far one of the most common phenomenon in international relations. The peculiarity of the Imia incident was that the legal issues were discovered more than 70 years after the main instruments had been concluded.
In the following lines we shall attempt to describe the factual background of the incident and to discuss the legal issues involved. The geographical facts Detailed map of the area file size KB The two Imia islets lie in the Southeast Aegean Sea, at a distance of approximately 6 nautical miles east of the Greek island of Kalymnos which belongs to the Dodecanese group1.
These islets are referred to with various names. They are both uninhabited but for a long duration of time Greek shepherds from Kalymnos bring their goats there to graze. The larger of the two islets has an area of approximately 2.
On the old Ottoman maps they are referred to as the "Kardak islets", and more recently they have been recorded as the "Ikinse double islets". On the Greek maps they used to be named as the "Limnia islets".
However, today they are referred to in Greece as the Imia islets, a name which appears on some Greek maps. The Greek title of sovereignty.
The Agreements between Italy and Turkey. The Dodecanese islands came under Italian control following the Italo-Turkish war of The formal cession of these islands to Italy took place with the Treaty of Lausanne, signed by Turkey and the Allies on July 24, The submission of the Italian-Turkish dispute to the P.
A few years later a dispute arose between Turkey and Italy over the sovereignty of a number of islets adjacent to the Dodecanese islands as well as over the precise position of the boundary line between the Italian held Dodecanese islands and the Turkish territory.
Both States concluded a Special Agreement on May 30, and submitted to the Permanent Court of International Justice at the Hague the following question for adjudication: The Court was also asked to adjudge to which of the parties should, according to the terms of the Treaty of Lausanne, be assigned the island of Kara Ada, situated in the Bay of Bodrum.
The Imia islets with the Turkish name Kardak were not included in the enumeration of the disputed areas in the Special Agreement. The Agreement related to the sovereignty over islets referred to above and located between the coasts of Anatolia and the islands of Castellorizo and Kara Ada, as well as the delimitation of the territorial waters surrounding those islands in the Aegean Sea.
Following this Agreement the proceedings before the P. However, the Special Agreement submitted to P. The Proces Verbal of December The Agreement of 4 January set down with precision the maritime frontier between the island of Castellorizo and the Turkish coast.
The day this Agreement was signed, the two parties exchanged official letters by which they mutually asserted that there was no difference between them as to their respective territorial sovereignty and called for a joint Italo-Turkish technical committee to be set up for the purpose of precisely delimiting the rest of the maritime boundary between the Dodecanese and the Turkish coast.
In execution of the above Agreement, the representatives of Italy and Turkey signed in Ankara, on December 28, a supplementary agreement Proces Verbal by which the rest of the maritime boundary between the Dodecanese and the Turkish coast was precisely delimited.Foreign Affairs is the leading magazine for in-depth analysis of U.S.
foreign policy, and relations with Russia, North Korea, the Middle East and Europe. The Philadelphia Papers is a series of long-form essays devoted to illuminating the foreign policy and national security issues of the day. With expert analysis from FPRI’s global network of scholars, the Philadelphia Papers will seek to bring the best of scholarship to bear on issues of policy import.
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The systematic avoidance of an international adjudication even of such issues as the delimitation of the continental shelf, is a further indication of the fact that the dearth of legal arguments for its claims guides Turkey to a policy of tension, if not eventual confrontation with Greece.
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