Εκμετάλλευση ενεργειακών πόρων νοτίως της Κρήτης υπό το φως της συμφωνίας Τουρκίας-Λιβύης (Master thesis)

Σαμουρκασίδης, Ανέστης Μ.

In the current period, as there is a shift from the use of fossil fuels (coal, oil) to renewable energy sources internationally and given that this cannot be implemented automatically, but requires the intermediate stage of transition through the use of natural gas, the least harmful fossil fuel for the environment compared to solid fossil fuels and oil, it is easy to see that areas rich in hydrocarbons become particularly important. Such deposits with established energy resources or with significant indications of hydrocarbon resources are found in the Eastern Mediterranean, among other regions worldwide. The main fields of not only Greek interest, include apart from the Ionian Sea, the sea area west of Crete, the sea area south and east of Crete and the sea area south of the Megisti island group (Kastelorizo). The Eastern Mediterranean region, due to its key location, has historically been a field of interest, disputes and conflicts between state actors and now also a field of interest for nonstate actors (e.g. energy companies). At the same time, the important role of energy law in combination with the law of the sea in the region is highlighted, as a significant number of maritime delimitations have been concluded over the last two decades. On the contrary, states in the region, driven by economic and political reasons, ignore their obligations under the law of the sea and engage in illegal actions to challenge the rights of other coastal states in demarcated or undemarcated maritime zones, threaten to use force, or enter into agreements that are illegal under international law, practices that pose a threat to regional security and, together with the confirmed existence of hydrocarbon reserves, constitute a potentially explosive mix. This thesis is part of the program of the Department of Law Postgraduate Studies in "International and European Energy Law" of the Faculty of Law of the Democritus University of Thrace. The first chapter describes the connection between energy and the law of the sea in the Mediterranean area. The interest and analysis are mainly focused on the Eastern Mediterranean with its most particular characteristics in terms of geography and maritime zone delimitation, emphasizing on the Greek area and areas of Greek interest. In addition, definitions of maritime zones and key terms as derived from the Convention on the Law of the Sea or domestic law are provided. In the next chapter the analysis focuses on Crete with regard to its position in the Mediterranean, its geographical and geopolitical particularities, as well as the application of domestic law in relation to the Convention on the International Law of the Sea and the exercise of sovereign rights by Greece over the continental shelf. It also examines those elements that contribute to the existence of hydrocarbon reserves to the south-west, south and south-east of the island. The third chapter presents the current domestic law concerning the Greek maritime zones and, by extension, those of Crete. In addition, special reference is made to the domestic law on the incorporation of the EU Framework Directive on Marine Spatial Planning (M.S.P.) and the modernization of the spatial planning legislation related to research, energy and other uses in the marine area. The fourth chapter presents the Turkish positions on delimitation and rights over maritime zones, as expressed over time by the Turkish side and recently by Ambassador Çağatay Erciyes and brought to the attention of international society through the UN, whose views have been reproduced by the Turkish Ministry of Foreign Affairs, the corresponding Libyan positions, as well as the Turkish-Libyan Memorandum. An attempt is made to refute these positions and to highlight the reasons why this Memorandum lacks legitimacy and is legally invalid. Geometric data of the overlapping of the Greek continental shelf with the maritime delimitation area of the Turkish-Libyan Memorandum and the delimitation of the EEZ of Greece and Egypt are presented. The actions of the Turkish side with regard to the "securing" of its rights in the maritime areas east of Crete and the reactions of states in the region are presented, as well. In the last part of the chapter an assessment of the reasons that lead Turkey to adopt provocative actions is made. Chapter five examines the rights and obligations of states in non-defined zones with regard to the exploitation of energy resources, with particular emphasis on the continental shelf south of Crete. Chapter six provides an overview of how third States are treated according to international jurisprudence. The seventh and final part presents concluding thoughts and considerations regarding the issues developed in the previous chapters. It also examines what Greece should do to strengthen its position with regard to both its rights and its actions in the field, in the area of interest of this study.
Institution and School/Department of submitter: Δημοκρίτειο Πανεπιστήμιο Θράκης. Νομική Σχολή
Subject classification: Continental shelf--Greece--Crete
Keywords: Κρήτη,Υφαλοκρηπίδα,Μνημόνιο Τουρκίας - Λιβύης,Δίκαιο της θάλασσας,Θαλάσσιες ζώνες,Αποκλειστική Οικονομική Ζώνη,Τρίτα κράτη,Crete,Continental shelf,Turkey-Libya Memorandum,Law of the sea,Sea zones,Exclusive Economic Zone,Third states
URI: https://repo.lib.duth.gr/jspui/handle/123456789/18148
http://dx.doi.org/10.26257/heal.duth.16881
Appears in Collections:Π.Μ.Σ. ΔΙΕΘΝΕΣ ΚΑΙ ΕΥΡΩΠΑΪΚΟ ΔΙΚΑΙΟ ΤΗΣ ΕΝΕΡΓΕΙΑΣ

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http://dx.doi.org/10.26257/heal.duth.16881
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