THE VALIDITY OF TURKEY-LIBYA’S AGREEMENT ON MARITIME BOUNDARIES IN INTERNATIONAL LAW

Yordan Gunawan(1*), Verocha Jayustin Sastra(2), Adyatma Tsany Prakosa(3), Mutia Ovitasari(4), Lathifah Yuli Kurniasih(5)

(1) Universitas Muhammadiyah Yogyakarta
(2) Universitas Muhammadiyah Yogyakarta
(3) Universitas Muhammadiyah Yogyakarta
(4) Universitas Muhammadiyah Yogyakarta
(5) Universitas Muhammadiyah Yogyakarta
(*) Corresponding Author

Abstract


The conflicts between Turkey and Greece have been going on for a long time. Several conflicts caused tension between Turkey and Greece, such as the territory of Aegean, Cyprus, and other problems. The tension increased because the bilateral agreement between Turkey and Libya on the maritime boundaries of the Eastern Mediterranean, which signed in 2019, was opposed by Greece because the Agreement did not take into account the existence of the island which owned by Greece. The Agreement between Turkey and Libya made Greece furious because Greece considered that the action violated Greece’s sovereignty. The research aims to find out further about the validity of the agreement between Turkey and Libya on the maritime boundaries, which threatened Greece’s sovereignty. By using normative legal research, the research emphasizes the bilateral agreement between Turkey and Libya is invalid since it against the international law principles, namely sovereignty of states, good faith, good neighborhood, and Treaty of Amity and Cooperation. The paper will contribute to giving a theoretical understanding regarding aspects that need to be considered, outside the procedural aspects, when a state wants to make an agreement with another state, according to international law.

Keywords


bilateral agreement; maritime boundaries; territory; sovereignty

Full Text:

ENGLISH

References


Butler, Daren, and Tuvan Gumrukcu, “Turkey Sign Maritime Boundaries Deal with Libya amid Exploration Row”, Reuters.com (28 Nov 2019), (https://www.reuters.com/article/us-turkey-libya/turkey-signs-maritime-boundaries-deal-with-libya-amid-exploration-row-idUSKBN1Y213I), accessed on 1 January 2020.

Crawford, James, Brownlie’s Principles of Public International Law, 8th ed., New York: Oxford University Press, 2012.

Crook, John R., “United States Accedes to ASEAN Amity Treaty as Sole Executive Agreement,” The American Journal of International Law, vol. 103, no. 4 (2009), pp. 741-743.

Dimitrijević, Duško, “The Principle of Good Neighborliness in International Law,” Lingua-Culture Contextual Studies in Ethnic Conflicts of The World, Research Institute for World Languages, Osaka University, vol. 11, 1996.

Draft Articles on Responsibility of States for Internationally Wrongful Acts, 2001.

Evans, Malcolm D., International Law, 4th ed., New York: Oxford University Press, 2018.

Heraclides, Alexis, The Essence of The Greek-Turkish Rivalry, GreeSE papers (working paper no. 51). London: London School of Economics and Political Science, Hellenic Observatory, 2011.

Herz, John H. “Rise and Demise of the Territorial State.” World Politics, vol. 9, no. 4 (1957), pp. 473-493.

Kelsen, Hans, Principle of International Law, New Jersey: The Lawbook Exchange Ltd., 2003.

Kennedy, David, “The Sources of International Law”, American University International Law Review, vol. 2, no.1 (1987), p.1-96.

Klabbers, Jan, International Law, 2nd ed., Cambridge: Cambridge University Press, 2017.

Kolb, Robert. “Principles as sources of international law (with special reference to good faith).” Netherlands International Law Review, vol. 53, no. 1 (2006), pp. 1-36.

Koukoudakis, George, “Explaining the Endurance of Greek-Turkish Rapprochement Process.” Uluslararası İlişkiler / International Relations, vol. 11, no. 44 (2015), pp. 81-100.

Manyin, Mark E., U.S Accession to the Association of Southeast Asian Nations’ Treaty of Amity and Cooperation (TAC), CRS Report for Congres. Congressional Research Service, 2009, https://www.fas.org/sgp/crs/row/R40583.pdf , accessed 1 Jan 2020.

Montevideo Convention 1993.

Pronto, Arnold, and Michael Wood, The International Law Commission 1999-2009, vol. IV, New York: Oxford University Press, 1999.

Seah, Daniel, “The Treaty of Amity and Cooperation in Southeast Asia: The Issue of Non-Intervention and Its Accession by Australia and The USA”, Chinese Journal of International Law, vol. 11, no. 4 (2012), pp.785-822.

Siousiouras, Petros, and Georgios Chrysochou. “The Aegean Dispute in the Context of Contemporary Judicial Decisions on Maritime Delimitation.” Laws, vol. 3, no. 1 (2014), pp. 12-49.

Slomanson, William R., Fundamental Perspectives on International Law, 6th ed., Belmont, CA: Wadsworth Publishing, 2010.

Sucharitkul, Sompong, “The Principles of Good-Neighborliness in International Law”, Publications, Paper 559, 1996.

Sunyowati, Dina, “Hukum Internasional Sebagai Sumber Hukum dalam Hukum Nasional (Dalam Perspektif Hubungan Hukum Internasional dan Hukum Nasional di Indonesia)”, Jurnal Hukum dan Peradilan, vol. 2, no. 1 (2013), pp. 67-84.

Tsarouhas, Dimitris. “The political economy of Greek–Turkish relations.” Southeast European and Black Sea Studies, vol. 9, no. 1-2 (2009), pp. 39-57.

United Nations Convention on the Law of the Sea 1982.

Vienna Convention on the Law of Treaties 1969.

Zimmermann, Reinhard, Simon Whittaker, and Mauro Bussani (Eds.), Good Faith in European Contract Law, Cambridge: Cambridge University Press, 2000.




DOI: http://dx.doi.org/10.25216/jhp.9.2.2020.170-185

Refbacks

  • There are currently no refbacks.


Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Abstracting and Indexing by: