Greece's statements that it plans to expand territorial waters in the Ionian Sea from 6 to 12 miles returned again the debates and reactions regarding the open issues that exist between Albania and Greece, especially about the limitation of maritime areas and about the influences that enlargement may have that the Greek state claims.

Politicians, analysts, professors, ex-diplomats and experts of international law regarding the possible influences that claims or actions of Greece may have for the expansion of territorial waters, dwell on international law, but also on the specifics that some islands of Greece or the maritime space between Albania and Greece have.

"It is unacceptable for territorial waters to be discussed at an unfavorable moment"

Shpëtim Idrizi, the chairman of Party for Justice, Integration and Unity (PDIU) and ex-deputy speaker of the Albanian Parliament, in a statement for Anadolu Agency (AA) emphasizes that Greece has not raised this claim (territorial water expansion) neither at the moment that diplomatic relations with Albania were established in 1971, nor at the moment that the Montego Bay Convention of 1982 on the Law of Sea entered into force.

"Meanwhile, you are impressed by the fact why exactly now. Of course that this is related also to the context of all events that happen in the region, also to the Greece-Turkey conflict. But above all, it affects those open issues that Albania has with Greece for discussions and for the so-called agreement of waters. Albania with Greece have no debate or to make agreement on territorial waters, because the territorial waters, so the border between Albania and Greece has been established since 1913, to continue later with the Paris Conference of the year 1921, to culminate in the Treaty of Florence in 1925 and above all, for the delimitation of border at the conference of ambassadors in London of 1926, where the agreement on borders of Albania between Greece, Albania and Yugoslavia has been done. So, it is a closed issue also to the Albanian side, the problem of territorial waters between Albania and Greece", pronounces Idrizi.

According to Idrizi’s estimation, Article 3 of Montego Bay agreement states that a state can declare by 6 to 12 miles the extension of territorial waters, but integrally and Idrizi adds that according to Article 85 of Montego Bay Sea Convention, when this is possible, which means when the distance between two shores is more than 24 miles and can be declared 12 from one side and 12 from the other.

"The current claim of the Prime Minister of Greece, who declared in the Greek Parliament that 'we will extend from 6 to 12 miles in the territorial waters in the direction of Albania and that this is a great victory of Greece', undoubtedly affects the expectable agreement between Albania and Greece on economic zones. Of course that this is a decline of the national interest of Albania for several reasons. Greece says we are expanding, undoubtedly someone is narrowing," pronounces Idrizi.

The debates and reactions of officials, politicians, but also of experts have focused also on the issue of who is affected by a possible expansion that Greece claims. According to Idrizi, this situation puts Albania in discussion for the economic zones.

"It is unacceptable for territorial waters to be discussed at an unfavorable moment, because if we are to keep the area in mind, Greece a while back made an agreement also with Italy, so for the economic zones with Italy. The Ionian Sea is divided between 3 countries north of Corfu, between Greece, Italy and Albania, and there are two islands there. Greece often uses these at times uninhabited islands, the island Othonoi and the island Erikusa, which have about 300 inhabitants there, to whom Greece, in the agreement with Italy has given them the full power of 12 miles in the territorial waters, which means that the acceptance of Albania and non-raising of claims by Albania that these two islands cannot have territorial sea in 12 miles, will create the precedent that tomorrow, when the agreement on economic zones between Albania and Greece is discussed, these two islands will gain full power by 12 miles and of course that the economic zone and the continental shelf of Albania is narrowed extremely, let alone when as it is known, there are oil and gas reserves there", emphasizes the head of PDIU.

Regarding the tensions in the Eastern Mediterranean, Idrizi emphasizes that "Albania should not claim with indirect precedent to become side, because we will wish to talk about Albania as a NATO country, but also about Turkey and Greece. I understand every country, which strongly defends its national integrity and sovereignty and its rights, but undoubtedly that as three NATO countries, it would be appropriate for talks, compromise to go towards peace and not towards conflict."

"Certainly that not in vain did Greece make this declaration now. I remind you that it has done, has claimed the same thing, the same thing that Prime Minister (Alexis) Tsipras would do in October 2018, where he declared in the Parliament of Greece that in unilateral way 'we will expand the territorial waters from 6 to 12 miles'. At this moment, there has been a very direct declaration by Turkish Foreign Minister Çavuşoğlu, who stated that 'unilateral expansion of Greece from 6 to 12 miles in direction of the Ionian and in direction of the Aegean is unacceptable for Turkey and Greece withdrew. This is the moment when the conflict between Turkey and Greece was harshened a lot, it has become an open conflict and I am sorry that in addition to preserving the interests for the economic zone by Albania, Albania becomes a party in such a conflict", said Idrizi.

"Greece cannot declare the expansion of waters in the direction of Albania from 6 to 12 miles"

Greece's recent declarations on the intentions for expansion of the territorial waters have returned also the reactions for the negotiations between Albania on a possible agreement on the limitation of maritime zones. In relation to this, Idrizi says that Albania will not discuss with Greece about the territorial waters that according to him, are defined by international treaties.

"It has been a big mistake of Albania to enter to negotiate about the territorial waters and then an uninhabited island, between Corfu and Albania is the island of Barketa, which is a 6-meters island, which when there is a tide does not appear and is used as a precedent for territorial waters. Albania in that agreement (the agreement of 2009), which the Constitutional Court of Albania fortunately dismissed, lost 340 square kilometers. Albania must be very attentive. Of course that we have to talk to Greece about the economic zones, starting from the territorial waters that we have today. Greece cannot declare the expansion of waters in the direction of Albania from 6 to 12 miles, because the possibility for 12 miles doesn’t exist, because it must come to the hills of Himara", he pronounces.

Idrizi further adds that "So, we must receive expertise, inform our main strategic partners and of NATO and without doubt, we must be very well prepared to preserve the identity, sovereignty and interests of Albania," pronounces Idrizi.

In relation to the stance of the Albanian state for Greece's stances on territorial waters, Idrizi emphasizes that "The Albanian state must be very clear that relations between Albania and Greece must culminate and begin with the abolition of the law of war that Greece keeps with Albania. Greece has been keeping the law of war with Albania since 1940, an unprecedented act. Cameria, the area of ​​Epirus was annexed by Greece in 1913 and in the face of unprecedented genocide and ethnic cleansing, the Albanians of Cameria, to whom I also belong, have been killed, massacred and deported in direction of Albania, and the Cam issue is the second relevant issue that Albania must present with Greece and many other things, where the Albanian diplomacy must be very attentive and behave with dignity and reciprocity."

"It remains to be seen whether the declaration is instant or a primary objective of Greece."

Former Foreign Minister of Albania and historian Paskal Milo, in relation to the statements of the Prime Minister of Greece on the expansion of territorial waters in the Ionian from 6 to 12 miles, stresses for AA that seen from the viewpoint of international law, from the principle viewpoint, "the statement may be correct, because the Montego Bay Convention of 1982 gives all coastal countries the right to extend the border of their territorial waters up to 12 miles where it is possible".

"But, if we put this statement in a broader regional context, but also because of the developments that took place in the Eastern Mediterranean, this declaration provoked at least in Albania a reaction for and against, but it remains to be seen whether this declaration is an official declaration of the instant or it is a primary objective of Greece to materialize in a possible agreement with the Albanian government", pronounced Milo.

In relation to the possible negotiations between Albania and Greece about the open issues, Milo stressed that it is thought that the negotiations can be reopened or continue them where they were left with the arrival of the Greek Foreign Minister in Tirana during the coming days.

Regarding the stance of the Albanian state in rapport to Greece's statements on the territorial waters, but also on the possible negotiations between the two countries, referring to the official statement of the Ministry for Europe and Foreign Affairs of Albania and Prime Minister Edi Rama, Milo said that this stance "is that Greece is in its right to declare the observance of this principle for the expansion of territorial waters up to 12 miles".

"According to the Albanian Prime Minister, there have been no negotiations these times and it is out of the question that an agreement may have been signed, but it is created the opinion that the negotiations may restart soon to conclude an agreement that will have in its foundation the defining of what is called territorial sea, the defining of the exclusive economic zone, and the defining of the continental shelf. There is a pre-preparation, there are minutes of negotiations, or until where they have gone, advanced, in reaching of the agreement, this has always remained a secret", said Milo.

The ex-chief diplomat of Albania, on the recent Turkey-Greece tensions said that the Greek-Turkish tensions in the Aegean Sea are now historic and according to him "In one way or another, this tension has existed for years, but at the current stage it seems to me that the critical mass of tension that has existed between the two countries in this region was overcome."

"The fact that it is not only a bilateral issue, but also much more as it affects a region where the interests of many countries, powers, consequently also of NATO and the European Union intertwine, makes this newly-emerged tension even more important. I believe and I am convinced that the tension will come decreasing, because neither side has an interest in escalation of the conflict in such a delicate region, which could escalate in limits that it would not be easy to administer for anyone." , stressed Milo.

Also regarding this tension, he said that the news that the two governments have agreed to start the negotiations from the technical view point is a good news and added that "Beyond technical discussion, the politics must wait so that by leaving the room for experts, it can lower the tensions, which these two countries cannot increase, which have very big, broad interests, which are tied by many reasons to cooperate and cohabit in such a region. I am convinced that this situation will pass soon."

"The situation might become conflicting if Greece expands the waters without agreement"

Professor of cartography and photogrammetry and ex-director of the Military Geographical Institute of Albania, Myslim Pasha, in a statement to AA in relation to the claims of Greece said that the expansion of territorial waters must be done by agreement, with the agreement of sides.

"From the principal viewpoint, every state has the right to expand the miles according to the international law. So, Greece until recently has had it up to 6 nautical miles as its domestic law and it has now decided to expand these waters up to 12 nautical miles. But, with a big but, the conditions in which Greece is with Albania in Otranto and the Corfu Channel make the declaration for the expansion of the 12 nautical miles to be different. Why different, because Albania and Greece in Otranto are in very different conditions, because Greece is represented by an archipelago, it is represented by an extremal island that is Othonoi, an island with 360 inhabitants. Albania and Greece must necessarily make an agreement if will be given the idea to expand, to make negotiations. Does a small island benefit from the same size of territorial sea in comparison to the continental soil, which is Karaburun (Karaburun Peninsula in the coasts of Albania). No", he pronounces.

Professor Pasha shows that international maritime law has another principle, "fair and honest solution", which makes, according to him, "both sides sit at the table of negotiations and find there what is the effect of the islands, so whether the island will have a full effect like Karaburun has or it will have it less, so it will have 6 miles, it can have 8 miles".

According to Pasha, from the legal view point, Albania, the Prime Minister of Albania and all institutions that are related to these problems have accepted this expansion in principle.

He said that "the Prime Minister of Albania has been very careful and has said that the right for the extension of 12 miles belongs to him based on international maritime law, but as our Foreign Minister (Gent Cakaj) has said, it must be seen, where geography allows, in our case for example of the communion of islands geographically, geographical circumstances do not allow it to take the same weight, so here is the problem, and in our case must be done by agreement ".

He emphasizes that Greece has done this declaration because on the strategic viewpoint, on the viewpoint of the problems it has in the Mediterranean in general "it seeks to necessarily expand and expansion is done freely". Pasha emphasizes further that "For example, on the western side, there is no problem, because the waters are far away, the islands of Greece are far away from Italy. As soon as it comes to us, as soon as it comes to Otranto, at the extremal island of Othonoi, then we say no, here we do not allow you to expand. Why, because we will talk, because you that are a small island and I that have the continental land have no equal rights. This has not been understood, as it seems."

The professor, who has objected also the canceled Albania-Greece agreement of 2009, further pronounces that the problems of Greece are very complex, because according to him, the Aegean Sea and the Ionian Sea have many islands, "a whole archipelago and there are problems, and these islands are near the continental soil of Turkey, as they are near the continental soil of Albania".

"Greece has accepted the Sea Convention and is part of the convention, while Turkey has not accepted it. At the moment that Greece accepted it, Turkey declared 'casus belli', state of war. So, their situation is very conflicting, while ours is not conflicting, we can make it conflicting if Greece, forcibly or not forcibly expands the waters without agreeing with us (Albania), but we say that we will sit at the table of negotiations", he pronounces.

In relation to the possible Greece-Albania negotiations on the limitation of maritime zones, he said that agreement is possible if there is bilateral desire of both neighbors. "We have a problem, the Albanians have a problem, because they have overturned the agreement of 2009 and have left a series of issues that must be recognized. Greece must necessarily first of all accept that the Constitutional Court of Albania has dismissed it and all the points that the Constitutional Court has are obligatory for the Albanian side to preserve at the table of negotiations, for example the effect of the islands", said Pasha.

According to him, the decision of the Constitutional Court of Albania (2010) cannot be overcome, which means restart of the negotiations.

Reactions in Albania for the statements of the Greek Prime Minister about the territorial waters

Statements of Greek Prime Minister Kyriakos Mitsotakis (August 26) that Greece plans to expand its territorial waters in the Ionian Sea from 6 to 12 miles caused reactions of politicians, officials and civil society representatives in Albania.

Prime Minister Edi Rama, in relation to this issue has declared that the speech of the Greek Prime Minister Mitsotakis in the Parliament of Greece "has nothing to do with the territorial waters of Albania, with any agreement between Greece and Albania. The right of 12 miles derives from the International Convention on the Law of the Sea. When it comes to our seas, Albania has exercised in 1990 its right to extend in those miles, based on that international convention of 1982."

On the same issue has reacted also the acting Minister for Europe and Foreign Affairs of Albania, Gent Cakaj, according to whom, the right deriving from the Convention on the Law of the Sea is not a matter of negotiation between the states sides of the convention and that "The Government of Albania will be attentive for any legislative process in the neighboring country, which may have influence on the exercising of the territorial sovereignty and sovereign rights in the maritime space that belongs to it".

On the other hand, the leader of opposition and at the same time chairman of the Democratic Party of Albania (DP), Lulzim Basha, has called on the Government of Albania to "make transparent what is happening with the negotiations on sea between Albania and Greece".

Activists and civil society organizations have also made calls for transparency in relation to Greece's claims and the stances that the Albanian state must keep.

In relation to the calls for transparency, Prime Minister Rama has declared a few days ago that there can exist no secret agreement about the borders between the two countries (Albania and Greece).

We remind that in April of 2018, the Ministry for Europe and Foreign Affairs of the Republic of Albania officially confirmed the start of talks about the limitation of maritime zones between Albania and Greece, while between the sides there is still no final agreement on the limitation of maritime zones and the negotiations have been interrupted.

In 2009, between the Government of Albania and the Government of Greece was signed an agreement on the issue of limitation of maritime zones, but the agreement in question was abrogated in 2010 by the Constitutional Court of Albania, which declared it legally invalid and anti-constitutional.

The Constitutional Court of the Republic of Albania decided in that year to declare the draft agreement signed between Albania and Greece "On the delimitation of respective zones of the continental shelf and other maritime zones that belong to them based on international law" as incompatible with the Constitution. According to the Constitutional Court, in the draft agreement in question were found procedural and substantial violations that fall in objection with the Constitution and the Third UN International Convention on the Law of the Sea of ​​1982.