Eastern Mediterranean EEZ: a maritime dispute or an opportunity for riches?

There is a long history of clashes and conflict in the Eastern Mediterranean. The Eastern
Mediterranean encompasses Greece, Cyprus, Turkey, Egypt, Lebanon, Syria, Libya, Israel,
and Palestine. From ancient times the strategic significance of the area was the main cause of
a power struggle over control of key territories and ports in order to control land and naval
trade routes. During modern times a number of events have made again the Eastern
Mediterranean a region of global interest. The countries are taking steps to create Exclusive
Economic Zones (EEZ) these days, and the heavily trafficked Mediterranean is no exception,
putting unspoken power balances in jeopardy and forcing future alliances.

A trip down memory lane

In 1974, Cyprus was invaded by Turkey in response to a Greek-backed coup. In the aftermath
the island was partitioned into the internationally recognized and EU member-state, majority-
Greek Republic of Cyprus in the south, and the de facto Turkish Republic of Northern Cyprus
(TRNC) in the north recognized only by Turkey. The Arab Spring was the cause of drastic
changes in the politics of the Eastern Mediterranean Arab States. Ten years after the fall of
Muammar Qaddafi, Libya continues to struggle to end its violent conflict, that transformed
into a proxy war fueled by external actors, and build state institutions. In Egypt widespread
protests in 2011, led to the resignation of the longtime president Hosni Mubarak. The post-
revolution political crisis was resolved by a coup d'état in 2013 led by the current president
Abdel Fattah al-Sisi.

As it is evident, the Eastern Mediterranean remains a region of high tensions especially in

recent years as Turkey, Greece, Cyprus, Egypt and Libya have butted heads over the EEZs
granting rights to exploration and drilling for newly discovered hydrocarbon resources.
The importance of UNCLOS

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) adopted the idea of
an EEZ after several years of diplomatic conflicts and peace efforts. This was accompanied
by the requisite technological advances that allowed deep-sea exploration and natural
resource extraction from the seabed. The special rights regarding the exploitation of maritime
resources, which are granted by an EEZ to a sovereign state can be of extreme financial
value.

When it comes to sea boundaries, a coastal state does not need to make any declarations or
take any formal actions to create a continental shelf because it automatically belongs to the
appurtenant state under international law. Ships seeking passage through an EEZ are
permitted to do so under UNCLOS, but the sovereign state retains the right to defend its EEZ,
protect it from environmental and other damage, and undertake any form of research within
it.

An EEZ gives a sovereign state the right to exploit and use natural resources in the sea, on the
seabed, and underground, as the name implies. The coastal state has complete control over all
activities relating to the discovery and extraction of living (and non-living) resources, which
inevitably includes offshore oil and gas resources. The discovery of natural gas reserves in
Cyprus, Egypt, and Israel's EEZ has caught the interest of global powers and energy firms in
the region. Despite high monetisation costs and the effects of the COVID-19 pandemic on
energy markets, Turkey's recent exploration activities have posed a major threat to regional
security and reignited conflicts over maritime zone delimitation between Eastern
Mediterranean littoral states.
Party Politics?

Greece claims that each island in the Aegean Sea is entitled to an EEZ, with UNCLOS
backing this argument limited however to islands of notable size. Greece's role in the
"Mediterranean Energy game”, and particularly in the delimitation of EEZs, is critical, not
only because of its geographic location but also because of its proximity to Turkey.
Normally, EEZs would have been developed by now with little controversy, but Turkey has
its own ideas about where the lines should be drawn.

Turkey deliberately attempts to dispute/annex parts of it. Greece treats its islands in
compliance with UNCLOS and plans to create a 12-nautical-mile territorial water zone,
which would cover a significant portion of the Aegean Sea. Turkey, a non-party state to, and
therefore not bound by, the UNCLOS, refuses this claim by arguing that no islands (including
Cyprus) can have full EEZs as the precedent of the Canada–France Maritime Boundary Case
and Nicaragua v. Colombia dictates. Furthermore, according to Turkey, the Greek claims
violate the principle of fairness of international law as small islands close to the Turkish coast
(such as Rhodes and Kastellorizo) reduce drastically the Turkish EEZ.
Turkey's president, Recep Tayyip Erdogan, officially manifested Turkey's claims in
September 2019, unveiling his own unique vision and, more precisely, the new borders of
Turkey with a "Blue Motherland" map.

Later in 2019, Turkey's defense minister, Hulusi Akar, released maps depicting Turkey and
Libya sharing maritime boundaries, ignoring the fact that the two countries are separated by
enormous (like Crete) and smaller Greek islands. Tayyip Erdogan and Fayez al-Serraj, the
president of the Tripoli-based administration, signed the agreement. This move produced
strong reactions from Greece, Cyprus, and Egypt. Nonetheless, the East Libyan government,
headed by General Hafter, has condemned the agreement.
Greece has officially acknowledged that Turkey has legitimate interests regarding its EEZ
that might require some international process of arbitration or compromise between the two
sides. The unresolved nature of the Cyprus crisis further complicates the problem as the
internationally unrecognised TRNC claims part of Cyprus’ EEZ. Additionally, it seems that
the two sides cannot find common ground on a framework within which to address the
disputes, as Greece favors the option of international arbitration, while Turkey prefers
bilateral negotiations. Should the two countries refer to the ICJ regarding the delimitation of
the EEZs the court cannot decide using the UNCLOS provisions directly as Turkey is not a
signatory of the treaty, shifting the debate on whether UNCLOS is established as
international legal custom and specifically regional legal custom in the eastern
Mediterranean, binding to even non-party states.

Is there a solution?

The future in the Eastern Mediterranean will be shaped according to the will of all actors in
the region. The goodwill of all parties for a peaceful resolution of their disputes according to
international law, would greatly contribute to regional peace and stability. As for most
international disputes, Greece and Turkey can deescalate the tensions through negotiations.
Strict conditions and dedication to the framework set by international law on the issue of
Exclusive Economic Zones delineation are essential as open-ended agendas rarely lead to
tangible results. The International Court of Justice, should the two countries agree to refer the
case to the court, can help settle the dispute by ruling in favor of mutual compromises. The
agreements of the two countries with third are a proof of the crucial role of good faith
negotiating and conciliation in solving a regional dispute.

In the hands of every ill-intentioned user, a concept that was designed to ensure stability,
protection, and foster prosperity can eventually be turned around and used as a tool. EEZs
have played an important role in maritime security and will continue to do so in the future, as
well as assisting states in resolving disputes; it appears to be more of a catalyst than a
challenge in and of itself. The EEZ concept has fueled aggressive claims from some regional
players, especially Turkey, in the Mediterranean, particularly in the eastern portion. But the
fact is that these conflicts will arise sooner or later, in some form or another.

Will the countries be able to successfully settle their differences and prosper, or will peace
have to be sacrificed on the altar of indecisiveness and fragmentation?