The diplomatic implications surrounding the start of offshore surveys for the Cyprus-Greece power interconnection, the significance of NAVTEX messages, and the counter-anti-NAVTEX messages on the Alpha Enimerosi program by Thomas Papanastasiou, Associate Professor of International Law at the Law School of the University of Nicosia-Athens.
Mr. Papanastasiou explained that the NAVTEX messages issued on Friday by the hydrographic services of Greece and the Republic of Cyprus are intended to inform international shipping of the operations thatto be carried out by the French research vessel Abeille Marengo in the Cyprus-Crete area over a period of three to four months. As clarified, these are notifications to mariners so that the necessary safety measures can be taken; they do not, in and of themselves, establish jurisdiction or sovereign rights.
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At the same time, Turkey issued a counter-NAVTEX, through which it seeks to publicize its disagreement regarding which country has the authority to issue such notices. According to the professor, through this action, Ankara is attempting to challenge the authority of Greece and Cyprus, asserting its own position that the relevant jurisdiction belongs to Turkey.
The Process Leading Up to the NAVTEX Notifications
Referring to the preceding process, Mr. Papanastasiou explained that, according to the United Nations Convention on the Law of the Sea, all states have the freedom to survey and lay submarine cables, even when these cross the continental shelf of a coastal state.
However, as he emphasized, this freedom is accompanied by specific obligations. The company undertaking such a project must take reasonable measures to ensure that the activities or facilities of the coastal state are not affected. For example, it must be ensured that there are no other offshore installations or planned hydrocarbon drilling operations along the cable route.
For this reason, consultation with the coastal state is required so that the necessary measures can be taken. In the case of Greece, as he explained, a standard procedure is followed, whereby the company in question, as well as its country of origin, contacts the relevant Greek authorities.
This is followed by an opinion from a special Interministerial Committee, and, if the opinion is favorable, an operating license is issued by the Minister of Foreign Affairs. According to him, this was the approval that had been expected in recent weeks and which was ultimately granted, paving the way for the issuance of the NAVTEX messages and the commencement of operations by the French vessel.
The Issue of Communication Between France and Turkey
Regarding reports of communication between France and Turkey, Mr. Papanastasiou noted that the issue is a high-profile topic, as there is discussion regarding a possible intervention by the French embassy in Ankara and the sending of a note verbale to the Turkish side.
As he noted, written diplomatic notes are a written means of diplomatic communication; however, so far there has been no official statement from Greece, Turkey, or France regarding whether such an action took place, nor regarding its content.
Consequently, it remains unknown whether and to what extent diplomatic consultations took place, as well as whether these are linked to the Turkish reactions. The key question, according to the professor, is how the situation will unfold in the coming days and to what extent Athens and Nicosia are prepared to manage any potential new reactions, whether on a diplomatic or other level.
The risk of setting a precedent
Mr. Papanastasiou estimated that the French ship’s operations are expected to begin immediately, possibly as early as today or tomorrow, with no indication, at this time, that there will be actions similar to those that took place in Kasos.
However, he raised as a key issue for the coming period the possibility that France’s actions toward Turkey could set a precedent, which Ankara could invoke in future similar cases, making corresponding demands.
As he warned, this is an issue that must be closely monitored, as the potential creation of a precedent could affect other cases in the region; the professor also linked the issue to the broader discussions surrounding the Turkey-Libya memorandum.
SEE ALSO: When will the Abeille Marengo set sail? The background following the escalation over the GSI and the role of the French
