Σάββατο, 6 Μαρτίου 2021

Η ΕΛΛΑΣ ΚΑΙ Η ΣΥΝΘΗΚΗ ΓΙΑ ΤΟ ΔΙΕΘΝΕΣ ΔΙΚΑΙΟ ΤΗΣ ΘΑΛΑΣΣΑΣ (UNCLOS)

 


Σχολιο Καθηγητή κ. Θεοδωρου Καρυώτη:

Τελευταία πολλοί Ελληνες κατέστησαν ειδικοί στην Συνθήκη για το Διεθνές Δίκαιο της Θάλασσας . Θα είναι ιδιαίτερα ικανοποιητικό να γνωρίζουν τις Ελληνικές Θέσεις.

Too many Greeks have become, lately, experts on the Law of the Sea. It will be nice to know the Greek position. 

https://treaties.un.org/pages/ViewDetailsIII.aspx?src=TREATY&mtdsg_no=XXI-6&chapter=21&Temp=mtdsg3&clang=_en

The Greek Declaration, Montego Bay, 10 December 1982

Greece 13 (Karolos Papoulias)

Interpretative declaration on the subject of straits made upon signature and confirmed upon ratification:

       "The present declaration concerns the provisions of Part III `on straits used for international navigation' and more especially the application in practice of articles 36, 38, 41 and 42 of the Convention on the Law of the Sea.

       In areas where there are numerous spread out islands that form a great number of alternative straits which serve in fact one and the same route of international navigation, it is the understanding of Greece, that the coastal state concerned has the responsibility to designate the route or routes, in the said alternative straits, through which ships and aircrafts of third countries could pass under transit passage régime, in such a way as on the one hand the requirements of international navigation and overflight are satisfied, and on the other hand the minimum security requirements of both the ships and aircrafts in transit as well as those of the coastal state are fulfilled."

Upon ratification:

       “1. In ratifying the United Nations Convention on the Law of the Sea, Greece secures all the rights and assumes all the obligations deriving from the Convention.

       Greece shall determine when and how it shall exercise these rights, according to its national strategy. This shall not imply that Greece renounces these rights in any way.

       2. Greece wishes to reiterate the interpretative declaration on straits which it deposited at the time of the Convention's adoption and at the time of its signature. [See “Interpretative declaration made upon signature on the subject of straits and confirmed upon ratification” above.]

       3. Pursuant to article 287 of the United Nations Convention on the Law of the Sea, the Government of the Hellenic Republic hereby choose, the International Tribunal for the Law of the Sea established in accordance with Annex VI of the Convention as the means for the settlement of diconcerning the interpretation or application of the Convention.

       4. Greece, as a State member of the European Union, has given the latter jurisdiction with respect to certain issues relating to the Convention. Following the deposit by the European Union of its instrument of formal confirmation, Greece will make a special declaration specifying in detail the issues dealt with in the Convention for which it has transferred jurisdiction to the European Union.

       5. Greece's ratification of the United Nations Convention on the Law of the Sea does not imply that it recognizes the former Yugoslav Republic of Macedonia and does not, therefore, constitute the establishment of treaty relations with the latter."

16 January 2015 (Evangelos Venizelos)

Declaration under article 298

       “Pursuant to article 298, paragraph 1, of the United Nations Convention on the Law of the Sea, the Hellenic Republic declares that it does not accept any of the procedures provided for in Part XV, section 2, with respect to the following disputes:

       a)Disputes concerning the interpretation or application of articles 15, 74 and 83 relating to sea boundary delimitations, or those involving historic bays or titles;

       b) disputes concerning military activities, including military activities by government vessels and aircraft engaged in non-commercial service, and disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal under article 297, paragraph 2 or 3;

      c) disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations, unless the Security Council decides to remove the matter from its agenda or calls upon the parties to settle it by the means provided for in this Convention.”


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