Written answer of Greece to the question posed by Judge Lachs on 27 August 1976

AEGEAN SEA

REGlSTRAR
21. THE AGENT OF GREECE TO THE

27 August 1976.

With referenceto the Application instituting proceedings by Greeceagainst
Turkey, 1have the honour to enclose herewith the text of the Announcement
No. 108 ', issued by the Department of Navigation Hydrography of the
Turkish Navy Broadcast on 18 August 1976, concerning the new area of
research of Sismik I from 18-25 August 1976.

22. THE AGENT OF GREECETO THE REGlSTRAR

27 August 1976.

With reference to the Application instituted by Greece against Turkey, 1
have the honour lo send you a series of thirteen maps 'showing delails of (a)
Greek and Turkish territorial waters and (b)day by day movements of the
Turkish research vesse1 Sismik 1(from 6-14 August and 19-22August 1976).

28 August 1976

Referringto the question ' put by Judge Lachs during the public sitting held
on Friday, 27 August 1976, 1 have the honour to give you the following
answer of the Greek Delegation :
"(1) The slatement ' of the Greek Ministe~~ ~~ ~~e~en Affairs before the

Security Councii on 25 August 1976, referree to in ~"d& Lachs'
question, expressed the wish. in accordance with the firm policy of
Greece, for a peaceful settlement of the dispute in accordance with
international law.
(2) Greece will. pursuant to the Security Council Resolution ',
negotiatewith Turkey on means to settiethe dispute, but since there
are legal questions respecting the delimitation of the continental
shelf of the Aegean, Greece will continue the present proceedings
with a view to the establishment of the relevant principles of law.
(3) There is a well-establishedinternational practice for negotiations to
go on parallel with the preparation and conduct of a case.The Court

itself has made reference to the desirabiiity of this and has an
established doctrine to the effect that negotiations do not aifect its
judicial role.

~ ..~.-~ .-....
' Seep. 138,supra,and I.C.J.Reports 1976. p. 6,para. I1
' UN doc. SIPV 1949. p. 6.
' Resolution395(1976). CORRESPONDENCE 579

(4) The Resolution of the Securitv Council has the effect of a
recommendation The award of interim maures by the Coun
would provide a binding legal basis for what the Security Council
has recommended.
(5) There would be nothing inconsistent between what is recommen-
ded in the Resolution and the matiers on which Greece has asked
the Court to order interim measures. Even though interim measures

soueht faü within the ambit of the Securitv Council Resolution,
theyare made by the Court on the basis of iis own power, granted
by the Statute of the Court.
(6) The recommendation of the Security Council and Order of the
Court are made by two separate organs of the United Nations, each
in its own role.
(7) Greece continues to seek an Order for interim measures, as the
course most consistent with the present legal position. Further-
more, as to the present situation, there is no indication of any
change."

24. THE REGISTRARTO THE SECRETARYGENERAL
OF THE MlNlSTRYOF FOREIGNAFFAIRSOF TURKEY

30 August 1976.

1 have ihe honour to acknowledge receipr of your Excellency's letter of
25 August. handed ro me on 26 August. enclosing the observations of the
Turkish Governmeni on the reauest by the Government of Greece for the
indication of interim measures of prot&tion in the Aegean Seo Continental
Shelfcase. Those observations have been laid before the Court ;due note has
also been taken of the statement in your letter that "it is understood that the
presentation of the attached observations to the International Court of Justice
shaU not imply any commitment by the Turkish Government as to the
jurisdiction of the Court".

30 August 1976.

1 have the honour to inform Your Excellency that 1have today received
from the Agent of Greece in the Aegean Sea Conrinenral Shelf case the
following documents, which were quoted or referred to by Counsel for
Greece during the oral proceedings last week :

1. Letter dated 9 September 1928 from Professor N. Pofitis to the Foreign
Minister of Greece (copy original text. part in Greek, part in French. and
English translation of the Greek text);
2. Announcement No. 108 issued by the Department of Navigation
Hydrography ofthe Turkish Navy on 18August 1976concerning the area
of research of the Sismik 1from 18-25August (in English).
Copies of those documents are enclosed