There are some unsolved problems within Greece and Albania from the past. One of them is the dispute on the maritime border, which was coming up recently. This dispute, which caused diplomatic tension within between Athens-Tirana, was discussed once again in the sideline meetings between Prime Minister of Greece Kyriakos Mitsotakis and Prime Minister of Albania Edi Rama, in the European Political Community in Prague on October 6, 2022. However, it is seen that there is no progress in solving that issue. As a matter of fact, after the meeting with Mitsotakis, Rama has expressed that this issue will not be solved with bilateral dialogues, therefore it will be taken to the International Court of Justice (ICJ).[1]
This issue caused the demand for Greece to enlarge its territorial waters up to 12 nautical miles (nm). However, Tirana rejects this demand of Athens, by claiming that there are specific conditions in the region. The current maritime borders between Greece and Albania were decided with the agreements signed during the First World War years. However, the special situations of the Greek islands such as Lazaretto, Ereikoussa, and Othonoi, caused this issue to remain unsolved.
Within the sides, firstly in 1912-1913, and later in 1926, agreements were signed on maritime borders. However, after the United Nations Convention of Law of Sea (UNCLOS) was signed by Greece in 1995 and by Albania in 2003, the Athens administration’s demands and theses were changed.[2] Because, according to Article 3 of the Second Part of the UNCLOS, every state has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nm, measured from baselines determined by this Convention.[3]
Even though the UNCLOS gives this right to the states, the application of 12 nm is not obligatory. In addition, in the Convention, it is clarified that specific seas could have special status, in such conditions, the riparian states could determine their borders by bilateral agreements. Therefore, there is no legal vengeance for Tirana’s rejection of Athens’ demand to expand the territorial waters up to 12 nm.
The demand of 12 nm of Greece is applicable for both the Ionian Sea, the Mediterranean Sea, and the Aegean Sea. Therefore, to understand the dispute with Albania, it is needed to understand Albania’s justification and anti-thesis, and the historical facts of the issue should be analyzed.
During the communist regime in Albania, a maritime borders agreement was signed; however, when the regime changed, the dispute between the two countries appeared again. Thus, in 2009, Prime Ministers, Kostas Karamanlis, and Sali Berisha signed “Delimitation of Counterparties’ Continental Shelf and Other Maritime Zones by International Law.”[4] Yet, later this agreement caused different arguments and negatively affected the bilateral relations.
After a year of 2009 agreement, Rama, the opposition leader of the time, has taken the issue to the Albanian Constitutional Court. The court also annulled the agreement because it ceded all jurisdiction in the seas to Greece and the status of islands, islets, and reefs very close to the Albanian mainland, on which there is no economic activity.[5]
Signing the agreement in 2009, and canceling it after a year, was not only based on the ideology of the Berisha Government. During the negotiations on maritime borders with Greece, the Tirana administration was completing the latest steps to be a North Atlantic Treaty Organization (NATO) member, and aiming to apply for EU membership. That’s why, Athens being both an EU and NATO member, made it possible that any problems within Greece and Albania would negatively affect the relations with the organizations. Therefore, the most important factor that forced the country to sign the 2009 Agreement, was the aim of the EU and NATO of Tirana.[6]
In 2013, when Albania Socialist Party came to the government under Rama’s leadership, they declared that they demand to solve the problems with the Athens Administration based on the decision of the Albanian Constitutional Court. Therefore, in 2008, Rama and Alexis Tsipras, the PM of the time, negotiated.
During these negotiations, the Minister of Foreign Affairs of Albania of time Ditmir Bushati met with the Minister of Foreign Affairs of Greece of time Nicos Kotzias several times. After the meetings, Bushati said that “We fully believe that, respecting international law and the decision of the Constitutional Court, Albania will reach a much more favorable and fairer agreement than in 2009.”[7] However, on January 30, 2018, Kotzias declared that “Albania agrees to extend Greek waters by 12 nautical miles from the coast, the maximum limit allowed by UNCLOS.”[8] This caused Albania’s reaction. Because Bushati has rejected the claims of agreement with Greece.[9]
After Kotzias’ declaration, it is understood that there will not be a concrete result from the negotiations. In 2019, when New Democracy Party came into power, Albanian officials were sure that this issue will not be solved. As a matter of fact, in 2020, after he visits Tirana, the Minister of Foreign Affairs of Greece, Nikos Dendias, declared that this issue will be taken to the ICJ.[10]
Although all of these disputes, Greece continues its demand of 12 miles both in the Aegean Sea, the Ionian Sea, and the Mediterranean Sea. This insistence of the Athens administration has officially applied in 2021, and the Mitsotakis Government submitted a bill on the expansion of territorial waters after the agreements with Italy and Egypt.[11]
Of course, this issue caused the reaction in Albania. This development showed Tirana that there is not any way to take the issue to the ICJ. However, it is observed that Athens does not have reservations about that. Because Greece and Albanian Ministers of Foreign Affairs came together in May 2022, and have agreed on the acceleration of this issue on the ICJ.
As a result, Athens is trying to increase its territorial waters to 12 nautical miles in the Aegean Sea, the Ionian Sea, and the Mediterranean Sea, based on UNCLOS; however, this attitude of Greece disturbs the neighboring countries. As a matter of fact, according to UNCLOS, such a decision can only be taken on the condition that it does not violate the rights of other riparian countries. For this reason, Albania, even though it felt obliged to accept Greece’s request in 2009 when the membership process to NATO was discussed, terminated the agreement in question. Therefore, the authorities, who came together from time to time to resolve the ongoing conflict, realized that a consensus could not be reached when they looked at the results of the negotiations. As a matter of fact, upon Albania’s request, it was decided to take the matter to the ICJ.
Last but not least, the leaders of the two countries, have confirmed that decision in European Political Community Meeting in Prague. However, although the issue will be brought to the ICJ, it can be predicted that Athens will not give up on its 12-mile policy, given the discourse of the current government in Greece. Because if Greece abandons this policy, it is not just on a border; will have to apply to all sea waters. It is estimated that Albania will not follow a policy as clear as Greece. Because while Albania was negotiating for NATO membership in 2009; it continues negotiations for EU membership and has come a long way. The fact that Greece is also a member of the EU may cause Albania to take a step back in some problems in bilateral relations. Therefore, the Tirana administration may not adopt a position that is too insistent on the delimitation of maritime jurisdiction areas. Otherwise, Albania’s EU membership could be swept away by Greece’s veto.
[1] “Arnavutluk ve Yunanistan Anlaşamadı”, Balkannews, https://www.balkannews.com.tr/balkanlar/arnavutluk-ve-yunanistan-anlasamadi-h4585.html, (Date of Accesion: 11.10.2022).
[2] Fatjon Cuka, “Albania, Greece Taking Issue of Maritime Jurisdiction Zones to the Hague”, Anadolu Ajansı, https://www.aa.com.tr/en/analysis/analysis-albania-greece-taking-issue-of-maritime-jurisdiction-zones-to-the-hague/2142647, (Date of Accesion: 11.10.2022).
[3] “Part II, Territorial Sea and Contiguous Zone”, UN, https://www.un.org/depts/los/convention_agreements/texts/unclos/part2.htm, (Date of Accession: 11.10.2022).
[4] Akri Cipa, “Albania, Greece Must Reflect on Past Mistakes to Settle Maritime Borders Issue”, Balkan Insight, https://balkaninsight.com/2020/10/06/albania-greece-must-reflect-on-past-mistakes-to-settle-maritime-borders-issue/, (Date of Accession: 11.10.2022).
[5] Alice Taylor, “Greece, Albania Fail to Agree on Maritime Border Issue in Prague”, Euractiv, https://www.euractiv.com/section/all/short_news/greece-albania-fail-to-agree-on-maritime-border-issue-in-prague/, (Date of Accession: 12.10.2022).
[6] Ibid.
[7] Ibid.
[8] “Qeveria greke njofton se marrëveshja me Shqipërinë është arritur”, Exit News, https://exit.al/kotzias-marreveshja-eshte-arritur-greqia-do-te-marre-12-milje-det-nga-shqiperia/, (Date of Accession: 12.10.2022).
[9] Ivi Bejtja, “Comment: Albania Risks Losing Territorial Waters to Greece at the ICJ”, exit news, https://exit.al/en/2021/04/07/comment-albania-risks-losing-territorial-waters-to-greece-at-the-icj/, (Date of Accession: 12.10.2022).
[10] “Albania and Greece Take Maritime Dispute to International Court in The Hague”, Euronews, https://www.euronews.com/2020/10/20/albania-and-greece-take-maritime-dispute-to-international-court-in-the-hague, (Date of Accession: 12.10.2022).
[11] “Greece Submits Bill on Western Territorial Waters Extension”, Reuters, https://www.reuters.com/article/uk-greece-diplomacy-idUKKBN29E0F0, (Date of Accession: 12.10.2022).
