The Cyprus Question and the Turkish Position in International Law / Edition 2

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Overview


The question of who should govern the island of Cyprus remains an intractable problem in world affairs. This important book sets out the Turkish position principally from a legal standpoint, but also draws on significant historical, political, and diplomatic sources. Necatigil examines the recent history of Cyprus and details the international law aspects of developments since 1963.
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Product Details

  • ISBN-13: 9780198258469
  • Publisher: Oxford University Press, USA
  • Publication date: 8/28/2001
  • Edition number: 2
  • Pages: 542
  • Product dimensions: 5.75 (w) x 8.81 (h) x 1.45 (d)

Table of Contents

List Of Figures xv
Chronology Of Events xvii
1. The Birth Of The Cyprus Republic 1
1. Introduction 1
2. British rule 3
3. The Treaties and the Constitution 14
4. The breakdown of the Constitution 20
5. The Akritas Plan 26
6. Why Enosis? 29
2. The Uneasy Years 1963 1974 32
1. The intercommunal hostilities 32
2. Kokkina--Mansoura fighting and action by the Turkish air force 41
3. Attack at Ayios Theodoros 43
4. Intercession, mediation, and peacekeeping 45
5. UN Mediator's report 52
6. Emergence of a Greek Cypriot Administration 53
7. Violations of the 1960 Constitution and the doctrine of 'necessity' 56
8. Cyprus Turkish Administration 65
9. Status of the Treaties and the 1960 Constitution 68
3. Intercommunal Negotiations 1968-1974 76
4. Turkish Intervention And Its Aftermath 86
1. Dispute over Enosis 86
2. The coup 89
3. The legal effect of the coup 92
4. Turkish intervention 94
5. The Geneva Conference 96
6. Events leading to the second round of military operations 99
7. Developments on the Greek side 101
8. Evolutionary developments on the Turkish side 104
5. The Treaty Of Guarantee 108
1. Introduction 108
2. Attitudes of the parties as to the validity of the Treaty 110
3. The Treaty of Guarantee and international law 116
4. Article 103 of the UN Charter 127
5. Intervention or intercession? 129
6. Human Rights In Cyprus 133
1. 1963-1974 period 133
2. 1974 and after 136
3. The Europcan Commission of Human Rights and Cyprus 140
7. The Intercommunal Negotiations 151
1. Towards a 'federal' state 151
2. The period 1975-1977 154
3. Turkish Cypriot proposals of 1978 159
4. The American Plan 161
5. Denktash-Kyprianou summit 162
6. Opening statement of the UN Secretary-General 163
7. Turkish Cypriot proposals of August 1981 164
8. Greek Cypriot proposals of 1980-1981 167
9. Waldheim ideas 170
8. An Evaluation Of The Intercommunal Talks 174
1. Conceptual differences 174
2. Confidence-building measures 180
3. Internationalization of the Cyprus problem 182
9. Towards Declaration Of Statehood 184
1. Graeco-Turkish relations 184
2. Attitudes towards the intercommunal talks during the years 1982-1983 185
3. The Non-aligned Conference 188
4. The breakdown of the talks 188
5. United Nations debate and resolution 37/253 190
6. The after-effects of the UN resolution 194
7. The UN Secretary-General's 'indicators' 196
8. Declaration of statehood 202
10. Self-Determination 205
1. Self-determination under international instruments 205
2. Self-determination as a CSCE principle 207
3. Scope of self-determination 208
4. Is self-determination a legal right or a political principle? 213
5. Application of the principle to 'peoples' 215
6. Integrity of states and self-determination 218
7. Differing views as to the application of the principle in Cyprus 221
8. Final evaluation and conclusions 225
11. Statehood And After 234
1. Reactions to declaration of statehood 234
2. Denktash proposals 246
3. Kyprianou 'framework' 248
4. Making the Constitution of the new state 250
5. Escalation of tension 253
6. New recourse to the UN 256
7. The Secretary-General's mission of good offices 259
12. The 'Proximity Talks' 271
1. The first round 271
2. The second round 276
3. The third round 281
4. The summit 287
5. Prospects for the future 295
13. The Constitution Of The Turkish Republic Of Northern Cyprus 296
1. Introduction 296
2. Characteristics of the Constitution 297
3. Basic rights and freedoms 298
4. The Legislature 300
5. The Head of State 302
6. The Executive 303
7. The Judiciary 304
8. The Office of Audit 306
9. The Attorney-General's Office 306
10. The Public Service Commission 307
11. Conclusions 308
14. Statehood And Recognition 310
1. Statehood 310
2. Recognition of states and governments 314
3. The Turkish Republic of Northern Cyprus and recognition 317
4. States created as a result of use of force 322
5. Independence 326
6. Why the Turkish Republic of Northern Cyprus is not recoguized 329
15. Developments After The Summit Of 1985 331
1. Reactions and recriminations 331
2. 29 March 1986 document 334
3. Suggestions for an international conference 338
4. Cyprus and the European Community 341
5. The Aegean dispute 345
6. The Foreign Affairs Committee Report 347
7. Improvement of relations 348
16. The Last Phases Of The Intercommunal Negotiating Process 354
1. The First three rounds 354
2. Summit meeting in New York 363
3. Indirect talks 370
4. Positions of the parties on key issues 375
5. An evaluation 387
6. 'Set of ideas' 393
7. Confidence-building measures 401
8. Conclusions 408
9. Postscript 414
Appendices
1. The Akritas Plan 424
2. UN Security Council Resolution 353 (1974) 432
3. The Geneva Declaration of 30 July 1974 434
4. General Assembly Resolution 3212 (XXIX) of I November 1974 437
5. Security Council Resolution 367 of 12 March 1975 439
6. UN Security Council Resolution 541 (1983) 441
7. Agenda for the Third Round of the UN Secretary-General's Proximity Talks on Cyprus, 1984 443
8. Draft Framework Agreement on Cyprus presented by the UN Secretary-General on 29 March 1986 447
9. Letter dated 29 March 1986 from the UN Secretary-General 453
10. Opening Statement of the Seeretary-General of 29 June 1989 455
11. Opening Statement of the Secretary-General of 26 February 1990 459
12. Statement by the Secretary-General of 2 March 1990 465
13. Statement by the Secretary-General to the Security Council of 8 March 1990 467
14. Security Council Resolution 649 (1990)_of 12 March 1990 472
15. Security Council Resolution 716 (1991) of 11 October 1991 474
16. Set of Ideas on an Overall Franework Agreement on Cyprus 476
17. Security Council Resolution 774 (1992) of 25 August 1992 492
18. Security Council Resolution 789 (1992) of 24 November 1992 494
19. Security Council Resolution 889 (1993) of 15 December 1993 497
20. Security Council Resolution 939 (1994) of 29 July 1994 499
Selected Bibliography 501
Index 502
Figures
1. Greek Cypriot territorial proposals put forward at Vienna, March-April 1977 158
2. Map submitted with the Turkish Cypriot proposals of 5 August 1981 166
3. Map attached to the Set of Ideas 491
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