By Dr Stathis N Palassis
The island of Cyprus has strategic and symbolic importance as the most south eastern state of the European Union. It also presents an interesting case that illustrates how Turkey is attempting to curtail the exercise of Cyprus’ sovereign rights under the 1982 Law of the Sea Convention (LOSC), particularly as regards the exploitation of energy resources within its exclusive economic zone (EEZ).
Although goals on reducing carbon emissions have been set, the world continues to rely on fossil fuels. Furthermore, the repercussions of the abrupt break from Russia as an energy supplier are multifaceted, and ambitious targets are likely to be missed as states return to phased out energy production means. A previously plodding process of securing alternative energy supplies has turned into a break neck emergency and Cyprus is an example of the complexity of this new quest.
Underscoring any sound maritime resource exploitation activity is adherence to the rules laid down in the LOSC, the ‘Constitution’ governing all usages of the oceans and seas. Among other things, the treaty provides states the right to an EEZ and a continental shelf, and it also provides for maritime boundary delimitation through the creation of bilateral agreements.
Consistent with its ratification of the LOSC, Cyprus has claimed an EEZ. The rights of Cyprus to its continental shelf within 200 nautical miles are identical to that regarding its EEZ. In 2004 Cyprus deposited with the United Nations a nautical chart and a list of its EEZ geographical coordinates. Furthermore, it has entered into legitimate bilateral EEZ delimitation agreements with Egypt (2003), Lebanon (2007) and Israel (2010).
The situation concerning the Cypriot EEZ builds upon the existing tensions between Cyprus and Turkey surrounding Cypriot ethnicity, and, the occupation and de-facto annexation of north Cyprus. Set against this backdrop, Turkey has heavily condemned all Cypriot EEZ activities, including the delimitation agreements Cyprus has entered into. Furthermore, the continuing presence of Turkish exploratory ships within the Cypriot EEZ, and threat of seabed drilling within what it considers its own waters, clearly violates the sovereign rights of Cyprus.
Pivotal in Turkey’s position is the ‘Blue Homeland’, a manifest of rhetoric that flagrantly violates international law. Furthermore, Turkey is not a party to the LOSC and maintains a position of non- ratification. Irrespective, the treaty’s extensive state participation has resulted in its incorporation into customary international law, and is thus legally binding on Turkey.
On February 6, 2018 Turkey announced, through its foreign minister, its rejection of the Cyprus-Egypt maritime border agreement. This formally commenced a maritime territories dispute in which Turkey does not recognise what it alleges are the unilateral and illegitimate EEZ claims of the Greek Cypriots.
The dispute concerns the extent, if any, of Turkish rights within the Cypriot EEZ. In so doing, Turkey:
• Does not recognise the legitimacy of Cyprus.
• Claims that the energy resources lying within north Cypriot maritime territory are based on the
‘undeniable rights’ held by the ‘Turkish Republic of North Cyprus (TRNC)’.
• Does not recognise the Cypriot EEZ, on the basis that it does not recognise Cyprus.
• Believes that Cyprus cannot legitimately claim maritime zones beyond its territorial sea, based on the fact that Cyprus is an island state.
• Does not recognise the EEZ agreements that Cyprus has entered into with Egypt, Israel and Lebanon.
• Claims that Cyprus is infringing on the Turkish continental shelf, which rights, it believes, prevail over any rights that Cyprus may have.
• Claims that the Turkey-Libya Agreements prevail over any rights that Cyprus may have.
With due respect, and on the basis of international law, Turkey is wrong on all the above arguments:
• Cyprus is a sovereign state, and both a United Nations and a European Union member state.
• Cyprus enjoys de jure sovereignty over the entirety of its territory, including the resources therein. The proclaimed ‘TRNC’ possesses neither personality nor capacity under international law.
• Consistent with its sovereign rights under the LOSC, Cyprus has legitimately claimed an EEZ (Articles 55 and 57).
• The LOSC specifically provides that islands generate their own maritime territories (Article 121).
• Cyprus has legitimately entered into maritime delimitation agreements with Egypt, Israel and
Lebanon (Article 74).
• The Turkish continental shelf cannot prevail over that of Cyprus. In cases of states with opposite/adjacent coasts rules of maritime delimitation provide for the drawing of a median line and a methodology of maritime delimitation principles to be applied.
• The Turkey-Libya Agreements are invalid. Maritime delimitation agreements can only be affected by opposite or adjacent states. In addition, international agreements cannot affect the rights of third states, and furthermore these agreements lack capacity.
Underlying the dispute are complex issues of sovereignty, maritime delimitation, and enforcement, and as such viable dispute resolution options appear illusive.
Sovereignty: Since the 1974 Turkish invasion of Cyprus, its northern part remains an occupied territory. The establishment of the ‘TRNC’ through the illegal use of force, and in clear violation of the United Nations Charter, has been internationally condemned. As it does not satisfy international rules allowing for a territory’s secession, the only viable resolution is reunification and the creation of a federated Cypriot state.
Maritime delimitation: In a neighbourly manner, the states of the Eastern Mediterranean continue engaging in maritime delimitation and mutual recognition of each other’s sovereign rights. These agreements have had a stabilising effect, carving out each state’s EEZ and establishing a larger regional map. Resolution of the Cyprus-Turkey EEZ/continental shelf maritime delimitation is fairly straightforward, requiring the application of accepted principles of maritime delimitation and the drawing of a median line.
Enforcement: Cyprus enjoys sovereignty over the entirety of its territory and territorial sea, as well as sovereign rights over the resources in its EEZ/continental shelf. As such, it enjoys zonal enforcement rights, including over its EEZ, the aim of which should be the ceasing of all Turkish exploration activities within its limits, and the removal of its exploratory ships therefrom.
Dr Stathis N. Palassis is a common law trained lawyer, with a doctoral qualification in international law. Areas of specialization are Maritime Law, the Law of the Sea, International Environmental Law, and International Criminal Law
