On the same day, through an exchange of letters between the Italian and
Turkish governments initiated by Turkey, it was agreed that the two sides
would prolong the already established delimitation to cover the whole of the
Dodecanese region. A follow-on Protocol was signed to this effect on 28
December 1932.
It continues the delineation of the border lines between the
Dodecanese and Turkish coast of Anatolia using 37 points and refers explicitly
to the islets of Imia/Kardak as belonging to the Italian (and therefore, since
1947, to the Greek) side. More precisely point no.30 reads, in the original
French text:
“La ligne frontiere […] passé par les suivants:
[…]
30- a moitie distance entre Kardak (Rks.) et Kato I. (Anatolie)”
Due to this technical nature and undisputed character, which is explicitly
stated in the letters exchanged before its conclusion and in its preamble, this
Protocol was negotiated and agreed upon at a lower level of representatives.
This argument according to which the Protocol needed to be registered by the
League of Nations
Secretariat and eventually published in the League of Nations Treaty
Series, cannot withstand criticism. In fact, the provisions of Article 18 of
the League of Nations Covenant were not adhered to in several instances
in international practice; that was precisely the reason for which the UN
Charter provides that lack of registration simply derives the parties to the
1 See United Nations Treaty Series, Vol.49, I. No. 747, 1950; emphasis added
2 See League of Nations Treaty Series, No. 3191, 1933
4
non-registered agreements from the possibility of invoking them before
the organs of the United Nations3.
Moreover, the recent case law of international tribunals and the
International Court of Justice clearly affirm the validity of such
agreements, which nonetheless remain binding upon the parties4.