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The Cyprus Question and the Turkish Position in International Law - Zaim M. Necatigil

The Cyprus Question and the Turkish Position in International Law

Hardcover

Published: 3rd June 1993
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The Cyprus Question has been and remains one of the more intractable problems in world affairs. This important bookDSfirst published in 1989DSdiffers from the many other writings on the subject by setting out the Turkish (rather than the Greek) case. It is written principally from a legal standpoint, but also uses significant historical, political, and diplomatic sources. The newly revised second edition includes an up to date chronology and a new postcript incorporating the many new developments which have taken place since the book was originally written in 1988, including a large number of diplomatic negotiations, and intergovernmental conferences and exchanges. The book also deals with the current efforts to find an agreed settlement through the good offices mission of the UN Secretary-General, and the present position of the parties.

List Of Figuresp. xv
Chronology Of Eventsp. xvii
The Birth Of The Cyprus Republicp. 1
Introductionp. 1
British rulep. 3
The Treaties and the Constitutionp. 14
The breakdown of the Constitutionp. 20
The Akritas Planp. 26
Why Enosis?p. 29
The Uneasy Years 1963 1974p. 32
The intercommunal hostilitiesp. 32
Kokkina--Mansoura fighting and action by the Turkish air forcep. 41
Attack at Ayios Theodorosp. 43
Intercession, mediation, and peacekeepingp. 45
UN Mediator's reportp. 52
Emergence of a Greek Cypriot Administrationp. 53
Violations of the 1960 Constitution and the doctrine of 'necessity'p. 56
Cyprus Turkish Administrationp. 65
Status of the Treaties and the 1960 Constitutionp. 68
Intercommunal Negotiations 1968-1974p. 76
Turkish Intervention And Its Aftermathp. 86
Dispute over Enosisp. 86
The coupp. 89
The legal effect of the coupp. 92
Turkish interventionp. 94
The Geneva Conferencep. 96
Events leading to the second round of military operationsp. 99
Developments on the Greek sidep. 101
Evolutionary developments on the Turkish sidep. 104
The Treaty Of Guaranteep. 108
Introductionp. 108
Attitudes of the parties as to the validity of the Treatyp. 110
The Treaty of Guarantee and international lawp. 116
Article 103 of the UN Charterp. 127
Intervention or intercession?p. 129
Human Rights In Cyprusp. 133
1963-1974 periodp. 133
1974 and afterp. 136
The Europcan Commission of Human Rights and Cyprusp. 140
The Intercommunal Negotiationsp. 151
Towards a 'federal' statep. 151
The period 1975-1977p. 154
Turkish Cypriot proposals of 1978p. 159
The American Planp. 161
Denktash-Kyprianou summitp. 162
Opening statement of the UN Secretary-Generalp. 163
Turkish Cypriot proposals of August 1981p. 164
Greek Cypriot proposals of 1980-1981p. 167
Waldheim ideasp. 170
An Evaluation Of The Intercommunal Talksp. 174
Conceptual differencesp. 174
Confidence-building measuresp. 180
Internationalization of the Cyprus problemp. 182
Towards Declaration Of Statehoodp. 184
Graeco-Turkish relationsp. 184
Attitudes towards the intercommunal talks during the years 1982-1983p. 185
The Non-aligned Conferencep. 188
The breakdown of the talksp. 188
United Nations debate and resolution 37/253p. 190
The after-effects of the UN resolutionp. 194
The UN Secretary-General's 'indicators'p. 196
Declaration of statehoodp. 202
Self-Determinationp. 205
Self-determination under international instrumentsp. 205
Self-determination as a CSCE principlep. 207
Scope of self-determinationp. 208
Is self-determination a legal right or a political principle?p. 213
Application of the principle to 'peoples'p. 215
Integrity of states and self-determinationp. 218
Differing views as to the application of the principle in Cyprusp. 221
Final evaluation and conclusionsp. 225
Statehood And Afterp. 234
Reactions to declaration of statehoodp. 234
Denktash proposalsp. 246
Kyprianou 'framework'p. 248
Making the Constitution of the new statep. 250
Escalation of tensionp. 253
New recourse to the UNp. 256
The Secretary-General's mission of good officesp. 259
The 'Proximity Talks'p. 271
The first roundp. 271
The second roundp. 276
The third roundp. 281
The summitp. 287
Prospects for the futurep. 295
The Constitution Of The Turkish Republic Of Northern Cyprusp. 296
Introductionp. 296
Characteristics of the Constitutionp. 297
Basic rights and freedomsp. 298
The Legislaturep. 300
The Head of Statep. 302
The Executivep. 303
The Judiciaryp. 304
The Office of Auditp. 306
The Attorney-General's Officep. 306
The Public Service Commissionp. 307
Conclusionsp. 308
Statehood And Recognitionp. 310
Statehoodp. 310
Recognition of states and governmentsp. 314
The Turkish Republic of Northern Cyprus and recognitionp. 317
States created as a result of use of forcep. 322
Independencep. 326
Why the Turkish Republic of Northern Cyprus is not recoguizedp. 329
Developments After The Summit Of 1985p. 331
Reactions and recriminationsp. 331
29 March 1986 documentp. 334
Suggestions for an international conferencep. 338
Cyprus and the European Communityp. 341
The Aegean disputep. 345
The Foreign Affairs Committee Reportp. 347
Improvement of relationsp. 348
The Last Phases Of The Intercommunal Negotiating Processp. 354
The First three roundsp. 354
Summit meeting in New Yorkp. 363
Indirect talksp. 370
Positions of the parties on key issuesp. 375
An evaluationp. 387
'Set of ideas'p. 393
Confidence-building measuresp. 401
Conclusionsp. 408
Postscriptp. 414
Appendices
The Akritas Planp. 424
UN Security Council Resolution 353 (1974)p. 432
The Geneva Declaration of 30 July 1974p. 434
General Assembly Resolution 3212 (XXIX) of I November 1974p. 437
Security Council Resolution 367 of 12 March 1975p. 439
UN Security Council Resolution 541 (1983)p. 441
Agenda for the Third Round of the UN Secretary-General's Proximity Talks on Cyprus, 1984p. 443
Draft Framework Agreement on Cyprus presented by the UN Secretary-General on 29 March 1986p. 447
Letter dated 29 March 1986 from the UN Secretary-Generalp. 453
Opening Statement of the Seeretary-General of 29 June 1989p. 455
Opening Statement of the Secretary-General of 26 February 1990p. 459
Statement by the Secretary-General of 2 March 1990p. 465
Statement by the Secretary-General to the Security Council of 8 March 1990p. 467
Security Council Resolution 649 (1990)_of 12 March 1990p. 472
Security Council Resolution 716 (1991) of 11 October 1991p. 474
Set of Ideas on an Overall Franework Agreement on Cyprusp. 476
Security Council Resolution 774 (1992) of 25 August 1992p. 492
Security Council Resolution 789 (1992) of 24 November 1992p. 494
Security Council Resolution 889 (1993) of 15 December 1993p. 497
Security Council Resolution 939 (1994) of 29 July 1994p. 499
Selected Bibliographyp. 501
Indexp. 502
Figures
Greek Cypriot territorial proposals put forward at Vienna, March-April 1977p. 158
Map submitted with the Turkish Cypriot proposals of 5 August 1981p. 166
Map attached to the Set of Ideasp. 491
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780198258469
ISBN-10: 0198258461
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 538
Published: 3rd June 1993
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 22.4 x 14.7  x 3.5
Weight (kg): 0.83
Edition Number: 2
Edition Type: Revised