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An examination, from the Turkish viewpoint, of the recent history of Cyprus and the legal issues raised in connection with developments that took place there after 1963. The author also discusses events of the 1980s with details of political negotiations up to the early months of 1988.
& Subsequent occupation & the substantial body of case law & State practice regarding Cyprus since that date. He discusses the competing legal arguments concerning the application of the Republic of Cyprus to join the European Union, the controversial decisions of the European Court & Commission of Human Rights & the debates regarding the status of the occupied northern part of Cyprus. His conclusion is that the Republic of Cyprus has had a continuous existence as a State--and as the only State on the island of Cyprus-since 1960, notwithstanding all of the violations of international law to which it has been subjected.' From the Foreword by Christopher Greenwood, QC.
An examination, from the Turkish viewpoint, of the recent history of Cyprus and the legal issues raised in connection with developments that took place there after 1963. The author also discusses events of the 1980s with details of political negotiations up to the early months of 1988.
Contents.
The five versions of the comprehensive settlement plan for Cyprus, which UN Secretary-General Annan tabled between 2002 and 2004, raised a variety of international law and European law questions. This book contains the first systematic analysis of the Annan plan, thereby providing an overview of the legal aspects of the Cyprus problem. It also discusses how the plan was intended to be accommodated in the European legal order. Did it comply with the fundamental principle of democracy, rule of law and human rights? Would a united Cyprus have been able to speak with one voice and to implement EU law properly? The Author, who has worked both for the European Commission and for the UN Special Advisor on Cyprus, presents a precise account of facts and thorough legal assessments. He also tackles current legal problems arising out of Cyprus' membership in the EU and the suspension of the "acquis communautaire" in the northern part of Cyprus. He finally analyses how the question of recognition affects the relations between Cyprus and Turkey. The book is an ideal choice for practitioners and researchers because it combines first hand information on the most recent developments on Cyprus with legal evaluations from an international official trained in international and European law.
SCOTT (Copy 1): From the John Holmes Library Collection.
I found Adel Saftys The Cyprus Question: Diplomacy and International Law, to be a concise and authoritative text on Cyprus, starting from its ancient history up to the Greek Cypriot EU accession and the referenda on the Annan Plan. This book is an excellent resource on the Cyprus narrative, which tells the whole story as it is, from all angles. A must for anyone interested in the truth about the islands peoples and the events that shaped its present day condition. Madam Justice Gnl Ernen of the Turkish Cypriot Supreme Court
The Constitution incorporates human rights as a dominant feature of its order pervading every aspect of the law and has been the sole source of authority, with the Judiciary cast as a watchdog trusted to ensure that no branch of the State transgresses the boundaries of its powers. The book chronicles through the case law of the Supreme Court, a precedent of constitutionalism worthy of the attention of every scholar of constitutional law.
First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.