The Republic of Cyprus : : A Study in International Law.

The Republic of Cyprus : : A Study in International Law.

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Bibliographic Details
Superior document:Developments in International Law Series ; v.35
:
Chrysostomides, Kypros.
Place / Publishing House:Boston : : BRILL,, 2000.
©2000.
Year of Publication:2000
Edition:1st ed.
Language:English
Series:Developments in International Law Series
Physical Description:1 online resource (651 pages)
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Table of Contents:
  • Intro
  • Title Page
  • Copyright Page
  • FOREWORD
  • PREFACE
  • Table of Contents
  • ABBREVIATIONS
  • PART ONE PRELIMINARY
  • INTRODUCTION
  • I HISTORICAL OVERVIEW
  • 1 Historical Excursus up to 1878
  • 2 British Rule
  • 2.1 The 1878-1955 Period
  • 2.2 The 1955-1959 Period
  • 3 The 1960 Constitution
  • 3.1 Executive
  • 3.2 Legislature
  • 3.3 Communal Chambers
  • 3.4 Judiciary
  • 3.5 Other Provisions
  • 4 Constitutional Difficulties
  • 5 The 13 Proposals to amend the Constitution and the Intercommunal Conflict that followed
  • 6 The Coup and the Invasion
  • Chronological Table of the main Developments of the Cyprus Problem and the Negotiations for its Solution from 1974 to the Present Day
  • PART TWO ESTABLISHMENT - CRISIS AND CONTINUITY (1960-1974)
  • II THE CREATION OF THE REPUBLIC OF CYPRUS
  • 1 The Emergence of Statehood
  • 1.1 Devolution of Sovereignty
  • 1.2 Unitary State
  • 1.3 "Imposed" Constitution - the Notion of the "People of Cyprus
  • 2 "Succession of States" in International Law. The Provisions in the Treaty of Establishment
  • 3 Recognition
  • 3.1 "Collective recognition
  • 3.2 The characteristics of Statehood
  • 3.3 "Independence" - "Sovereignty
  • 4 "Limitations" to the Independence of Cyprus?
  • 4.1 The Treaty of Alliance and the Treaty of Guarantee
  • 4.2 Legal Evaluation of the Treaties
  • 4.3 Restrictions as to Amendments of the 1960 Constitution
  • 4.4 Military or Territorial Concessions
  • 5 The Legal Status of the Sovereign Base Areas
  • 5.1 The Treaties Establishing the SBAs
  • 5.2 The Status of the SBAs under the Law of the United Kingdom
  • 5.3 The Status of the SBAs under the Law of the Republic of Cyprus
  • 5.4 The Status of the SBAs under Public International Law
  • 5.4.1 Are the SBAs a State or another Related Form?
  • 5.4.2 Are the SBAs a "Colony" under International Law?.
  • 5.4.3 Are the SBAs a "Servitude" under International Law?
  • III CRISIS AND CONTINUITY OF THE REPUBLIC OF CYPRUS (1963-1964 AND 1974 COUP)
  • 1 The 1963-1964 Crisis and International Law
  • 2 The Stand taken by the International Community
  • 2.1 Great Britain
  • 2.2 The Security Council of the United Nations
  • 2.3 The United Nations General Assembly
  • 2.4 International Treaties concluded by the Republic of Cyprus 1963-1974
  • 2.5 The Position taken by the Turkish side
  • 3 Internal Changes not impinging on the Continuity of a State
  • 4 The Doctrine of Necessity (salus populi, suprema lex) and the Preservation of the Legal Order
  • 4.1 The Attorney General of the Republic v. Mustafa Ibrahim
  • 4.2 Method of introduction of the Doctrine and its Legal Rank examined through the Ibrahim Case
  • 4.3 Wide Acceptance of the Doctrine of Necessity
  • 5 The Coup d'Etat of 1974
  • PART THREE INVASION AND OCCUPATION 1974 AND AFTER
  • IV THE MILITARY INVASION OF 1974 AND THE CONTINUATION OF THE OCCUPATION
  • 1 The Armed Attack
  • 2 1974 - "Armed Conflict" between Cyprus and Turkey
  • 3 The Illegality of the Invasion
  • 3.1 The Limits of the Right to use Force
  • 3.2 Article II of the Treaty of Guarantee
  • 3.3 Article IV of the Treaty of Guarantee
  • 3.4 Analysis by R.St. J. MacDonald
  • 3.5 The Second Phase of the Invasion - 14th August 1974
  • 4 The Argument of "Humanitarian Intervention
  • 4.1 The Criteria for a "Humanitarian Intervention
  • 4.2 Limitations to "Humanitarian Intervention
  • 4.3 The Kosovo Crisis
  • 5 Illegal Military Occupation from 1974 to the present day
  • 5.1 Has Turkey become a Belligerent Occupant of the northern part of Cyprus?
  • 5.2 The Continued Presence of Turkey in Cyprus is Illegal
  • 5.3 The Decision of the European Commission of Human Rights in Application No. 8007/77, Cyprus v. Turkey.
  • 5.4 Decisions - Resolutions of the United Nations
  • 5.5 Has the Illegal Occupation ended?
  • 5.6 The Temporary Character of the Occupation and the Continuation of the Sovereignty and the International Personality of a State under Occupation
  • V THE EFFECTS OF THE TURKISH INVASION - "ETHNIC CLEANSING
  • A Introduction
  • 1 "Ethnic Cleansing" - A Novel Term?
  • 2 Applicability of the law on Human Rights and the relevant Treaties also in Armed Conflict and in Conditions of Occupation
  • 3 Applications of Cyprus against Turkey before the ECHR and the ECourtHR - An Overview
  • B Violations of personal rights in the occupied territory in Cyprus
  • 1 Displacement of Persons (Refugees)
  • 2 Deprivation of Liberty
  • 3 Deprivation of Life
  • 4 Ill-treatment
  • 5 Missing Persons - unaccounted for since 1974
  • 6 Persons Enclaved in the Occupied Area
  • C Violations of property rights in the occupied territory in Cyprus
  • 1 General Remarks on the Right to Property
  • 2 The Current Situation in the Occupied Territory of Cyprus
  • 2.1 The European Commission of Human Rights
  • 2.2 The European Court of Human Rights - Loizidou v. Turkey
  • 2.3 Provisions of the International Law of Armed Conflicts regarding Private Property
  • 2.4 Ecclesiastical and Cultural Property
  • 2.5 Settlers and the Provisions of the Hague Regulations on Property
  • D Turkish settlers from mainland Turkey in the occupied part of Cyprus
  • 1 Facts and Figures
  • 2 Settlers and International law
  • 2.1 The Fourth Geneva Convention
  • 2.1.1 "Voluntary Settlement
  • 2.1.2 "Displacement of the Indigenous Population
  • 2.1.3 "Obligation to prevent such Settlement
  • 3 The Hague Regulations of 1907
  • 4 The General Principles of International Law
  • 5 Transfer of Settlers is a "War Crime
  • VI UNITED NATIONS PEACE KEEPING IN CYPRUS - THE SO-CALLED "BUFFER ZONE
  • 1 The UNFICYP.
  • 1.1 Resolution 186 of 1964
  • 1.2 UNFICYP's Mandate before 1974
  • 1.3 Use of Force by UNFICYP
  • 1.4 UNFICYP's Mandate after 1974
  • 1.5 International Status of UNFICYP
  • 2 The "Buffer Zone
  • 2.1 "Borders" or "Boundaries"? Neutral area?
  • 2.2 Access to the "Buffer Zone" by Civilians
  • PART FOUR THE PROCLAMATION OF A PUPPET REGIME
  • VII "UNILATERAL DECLARATION OF INDEPENDENCE" CONTRARY TO INTERNATIONAL LAW
  • 1 General
  • 2 The Stand taken by International Organisations and the International Community in general
  • 2.1 The United Nations Organisation
  • 2.2 The Council of Europe
  • 2.3 The European Community
  • 2.4 The Non-Aligned Movement
  • 2.5 The Commonwealth
  • 3 Creation of "States" under Conditions of Military Occupation - "Puppet States
  • 3.1 Puppet States
  • 3.2 Presumption of Illegality
  • 3.3 Developments in International Law in the 20th Century in relation to "Puppet States" - the Stimson Doctrine
  • 3.3.1 The Case of Manchukuo
  • 3.3.2 Croatia and Slovakia during the Second World War
  • 3.3.3 Other Examples from the International Scene
  • 3.3.3.1 Rhodesia
  • 3.3.3.2 Bantustans
  • 3.3.4 The Case of Bangladesh
  • 4 The "TRNC" a Puppet State
  • 4.1 Creation of the "TRNC" after an Illegal Military Invasion and Continued Occupation of the northern part of Cyprus
  • 4.2 Territory, Population and Legal Order in relation to the "TRNC
  • 4.3 Right of Self-determination
  • 4.4 Control by the Occupying Power
  • 4.5 Autonomous Communities
  • 5 Concluding Remarks
  • VIII DECISIONS OF INTERNATIONAL AND NATIONAL COURTS IN RELATION TO THE PRESENT SITUATION IN CYPRUS
  • 1 Overview
  • 2 The Position taken by the ECHR and the ECourtHR as to the Legal Nature of the Occupied Territories of the Republic of Cyprus
  • 2.1 In the State Applications
  • 2.2 The Final Position taken by the Court in the Loizidou case.
  • 2.3 The Erroneous Position taken by the Commission in the First Individual Applications (Nos. 15299/89, 15300/89 and 15318/89)
  • 2.4 Subsequent Cases
  • 3 The "Anastasiou" Case before the Court of Justice of the European Communities (The Queen and the Minister of Agriculture, Fisheries and Food, ex parte Anastasiou (Pissouri) Ltd. and others
  • 4 The us Court of Appeals
  • Autocephalous Church of Cyprus v. Goldberg
  • 5 The UK Special Commissioners Tribunal - Caglar v. Billingham (Inspector of Taxes)
  • 6 Other Decisions of National Courts
  • IX FURTHER RAMIFICATIONS UNDER INTERNATIONAL LAW
  • 1 Obligation of Non-recognition of the "TRNC
  • 2 Any Recognition of the "TRNC" is Fictitious and Revocable
  • 3 Turkey's Responsibility for all Actions in the Occupied Areas
  • 4 Implied Recognition
  • 5 Acquisitive Prescription
  • X THE FED ERA TING PROCESS AND INTERNATIONAL LAW
  • 1 General
  • 2 The Meaning of "Federation
  • 3 The Meaning of "Confederation
  • 4 Sovereignty of Federal States and Specific Examples
  • 4.1 Federal Republic of Germany
  • 4.2 Switzerland
  • 4.3 United States of America
  • 4.4 Ermacora's Views
  • 5 The Federating Process
  • 5.1 Adoption of a Federal Constitution
  • 5.2 The United Arab Republic
  • 5.3 The German Empire
  • 5.4 Italy and Yugoslavia
  • 5.5 The Contemporary History of Yugoslavia - Extinction of a federal state
  • 5.5.1 The Dissolution of the Socialist Federal Republic of Yugoslavia
  • 5.5.2 Developments in Bosnia - Herzegovina
  • PART FIVE FEDERALISATION AND EFFORTS FOR A SOLUTION
  • XI THE LONG PROCESS OF NEGOTIATIONS, THE POSITIONS OF THE TWO SIDES AND THE UNITED NATIONS' INVOLVEMENT
  • 1 The Deadlock - Beginning 1998
  • 2 Proposals of the Greek-Cypriot Side of 30 January, 1989
  • 2.1 Guarantees
  • 2.2 Territorial Aspect
  • 2.3 Constitutional Suggestions
  • 2.4 "Equality of the Federated States.
  • 3 Positions of the Turkish-Cypriot Side in November 1988 and January - February 1989.

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