Abstract
On March 19, 2009, in Tirana has ended negotiations and initialed Agreement between Greece and Albania on delimitation of continental shelf and other maritime areas belonging, according to International Law. This agreement was signed in Tirana, from two respective Ministers of Foreign Affairs, on April 27, 2009. Since its introduction, agreement states that the maritime borders between Albania and Greece, will be determined on basis of equity distance expressed by medium line. Merits of case would require study of complete file of agreement, including texts of agreement in three languages: English, Greek and English, as well as maps of agreement, which has so far has not been made public. Emphasize that Albania has ratified UNCLOS, on June 23, 2003, while Greece on July 21, 1995. This agreement was ratified by Albanian parliament, but was unapproved by Albanian Constitutional Court, arguing that conflicted with Constitution of Albania and UN Third Convention of International Law of Sea of year 1982. The paper will address importance of signing this agreement, in context of historical, economic and geopolitical, as well as losses or profits caused by its unapproval. DOI: 10.5901/ajis.2015.v4n3p143
Highlights
This agreement is important because it deals with the sharing of the waters between the two countries and to protect the interests of customs, fiscal, sanitary, immigration, self-defense against the imminent danger, prevention of pollution in the sea, especially oil, reserving the right to fishing for the protection of archaeological and historical objects originally discovered in the sea of robbery or illegal trade in their particular geopolitical importance
There was a bilateral agreement, the regime and water borders between Albania and Greece are defined by the Protocol of Florence, year of 1926, and they are set in a time when sea issues had not been resolved definitively
The Article 10 of this Protocol, says, quote that "various issues will arise for determining the boundary line, which are not provided for by this Protocol shall be the subject of direct agreements between governments." So in principle, a matter that has not been treated in its normal time to be treated at this time
Summary
This agreement is important because it deals with the sharing of the waters between the two countries and to protect the interests of customs, fiscal, sanitary, immigration, self-defense against the imminent danger, prevention of pollution in the sea, especially oil, reserving the right to fishing for the protection of archaeological and historical objects originally discovered in the sea of robbery or illegal trade in their particular geopolitical importance. The Convention allows the coastal State to exercise the necessary control over the area in order to avoid violation of state laws on their territory or territorial waters. The coastal State exercises exclusive rights over mineral patrimony of the seabed and subsoil. Exclusive Economic Zone regime is not the same, or similar, with territorial waters. The coastal State exercises sovereign rights, in the springs of living and non-living, but the passage of foreign ships, civilian and military, free, and in the territorial waters of the state exercises full sovereignty
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