Research Article

Examination of the Overlapping Claims of Turkey and the Greek Cypriot Administration of Southern Cyprus on the Maritime Areas to the West of the Island of Cyprus

Volume: 77 Number: 2 December 31, 2019
  • Berk Hasan Özdem
TR EN

Examination of the Overlapping Claims of Turkey and the Greek Cypriot Administration of Southern Cyprus on the Maritime Areas to the West of the Island of Cyprus

Abstract

The recent rise in tensions in the region regarding the hydrocarbons issue in the Eastern Mediterranean has two particular implications for the Republic of Turkey. One is related to the ‘Cyprus issue’ itself, and the other concerns the maritime areas to the west of the longitude 32° 16’ 18”. In the present paper, the focus is placed on the conflicting claims of Turkey and the Greek Cypriot Administration of Southern Cyprus over the maritime area off the southern Anatolian coast limited in the east by 32° 16’ 18” E longitude and in the south by the median line between the coasts of Turkey and Egypt. While getting to the root of the disagreement by referring back to the discussions at the Third UN Conference on the Law of the Sea on the relevant articles of the 1982 Convention, this paper addresses the issues of entitlement and delimitation by referring to judicial and arbitral decisions, the contemporary approach of the international courts, the studies that examine the state practice and the comments made by scholars thereon.

Keywords

Supporting Institution

The author received no grant support for this work.

References

  1. A Law To Provide for the Proclamation of the Exclusive Economic Zone by the Republic of Cyprus (Law No. 64(Ι)/2004) (2nd April 2004) (The Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs of the United Nations) accessed 14 August 2019.
  2. Abasheikh O, ‘The Validity of the Persistent Offender Rule in International Law’ (2004) 9 Coventry Law Journal 40.
  3. Abass A, Complete International Law: Text, Cases, and Materials (2nd edn, Oxford University Press 2014), 48; See generally, Stein (n 68) 457 Act No. 2674 of 20 May 1982, on the Territorial Sea of the Republic of Turkey (The Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs of the United Nations) accessed 14 August 2019.
  4. Antunes NM and Becker-Weinberg V, ‘Entitlement to Maritime Zones and Their Delimitation’ in Oude Elferink AG, Henriksen T and Busch SV (eds), Maritime Boundary Delimitation: The Case Law: Is It Consistent and Predictable? (Cambridge University Press 2018) 62.
  5. Başeren SH, Dispute Over Eastern Mediterranean Maritime Jurisdiction Areas (2010, Publications of Turkish Marine Research Foundation).
  6. Beckman R and Schofield C, ‘Moving Beyond Disputes Over Island Sovereignty: ICJ Decision Sets Stage for Maritime Boundary Delimitation in the Singapore Strait’ (2009) 40(1) Ocean Development & International Law 1, 9.
  7. Blakeslee MR, ‘The distant island problem: the arbitration on the delimitation of the maritime zones around the French collectivité territoriale of Saint Pierre-and-Miquelon’ 21(359)
  8. Georgia Journal of International & Comparative Law 359, Bölükbaşı D, Turkey and Greece: The Aegean Disputes: a Unique Case in International Law (Cavendish, 2004).

Details

Primary Language

English

Subjects

Law in Context

Journal Section

Research Article

Authors

Berk Hasan Özdem This is me
0000-0002-0327-6489
Türkiye

Publication Date

December 31, 2019

Submission Date

October 14, 2019

Acceptance Date

December 25, 2019

Published in Issue

Year 2019 Volume: 77 Number: 2

APA
Özdem, B. H. (2019). Examination of the Overlapping Claims of Turkey and the Greek Cypriot Administration of Southern Cyprus on the Maritime Areas to the West of the Island of Cyprus. İstanbul Hukuk Mecmuası, 77(2), 953-998. https://izlik.org/JA54HG39FA
AMA
1.Özdem BH. Examination of the Overlapping Claims of Turkey and the Greek Cypriot Administration of Southern Cyprus on the Maritime Areas to the West of the Island of Cyprus. İstanbul Hukuk Mecmuası. 2019;77(2):953-998. https://izlik.org/JA54HG39FA
Chicago
Özdem, Berk Hasan. 2019. “Examination of the Overlapping Claims of Turkey and the Greek Cypriot Administration of Southern Cyprus on the Maritime Areas to the West of the Island of Cyprus”. İstanbul Hukuk Mecmuası 77 (2): 953-98. https://izlik.org/JA54HG39FA.
EndNote
Özdem BH (December 1, 2019) Examination of the Overlapping Claims of Turkey and the Greek Cypriot Administration of Southern Cyprus on the Maritime Areas to the West of the Island of Cyprus. İstanbul Hukuk Mecmuası 77 2 953–998.
IEEE
[1]B. H. Özdem, “Examination of the Overlapping Claims of Turkey and the Greek Cypriot Administration of Southern Cyprus on the Maritime Areas to the West of the Island of Cyprus”, İstanbul Hukuk Mecmuası, vol. 77, no. 2, pp. 953–998, Dec. 2019, [Online]. Available: https://izlik.org/JA54HG39FA
ISNAD
Özdem, Berk Hasan. “Examination of the Overlapping Claims of Turkey and the Greek Cypriot Administration of Southern Cyprus on the Maritime Areas to the West of the Island of Cyprus”. İstanbul Hukuk Mecmuası 77/2 (December 1, 2019): 953-998. https://izlik.org/JA54HG39FA.
JAMA
1.Özdem BH. Examination of the Overlapping Claims of Turkey and the Greek Cypriot Administration of Southern Cyprus on the Maritime Areas to the West of the Island of Cyprus. İstanbul Hukuk Mecmuası. 2019;77:953–998.
MLA
Özdem, Berk Hasan. “Examination of the Overlapping Claims of Turkey and the Greek Cypriot Administration of Southern Cyprus on the Maritime Areas to the West of the Island of Cyprus”. İstanbul Hukuk Mecmuası, vol. 77, no. 2, Dec. 2019, pp. 953-98, https://izlik.org/JA54HG39FA.
Vancouver
1.Berk Hasan Özdem. Examination of the Overlapping Claims of Turkey and the Greek Cypriot Administration of Southern Cyprus on the Maritime Areas to the West of the Island of Cyprus. İstanbul Hukuk Mecmuası [Internet]. 2019 Dec. 1;77(2):953-98. Available from: https://izlik.org/JA54HG39FA