Talk:Northern Cyprus
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Turkish Federated State of Cyprus date should be February
[edit]Hello, currently the article's infobox states:
• Turkish Federated State of Cyprus
13 October 1975
This should be changed into 13 February 1975 which is the correct date, as can be seen on the article of the Federated State itself. I would do it myself but there's extended protection in place. Thanks. DjemDruid (talk) 08:37, 20 July 2024 (UTC)
The legitimacy of the Turkish Republic of Northern Cyprus (TRNC) is recognized worldwide (International court rulings and national court decisions of various countries)
[edit]- The International Court of Justice (ICJ) Ruling on Kosovo (2010):
"THERE IS NOTHING IN INTERNATIONAL LAW THAT PROHIBITS DECLARATIONS OF INDEPENDENCE, and the RECOGNITION OF A STATE IS A POLITICAL MATTER."
The United States of America (USA), in the ICJ’s 2010 Kosovo ruling, rejected the Greek Cypriot stance and issued a statement favorable to the Turkish Cypriots:
Harold Hongju Koh (The USA's representative in the UN-ICJ 2010 Kosovo case on behalf of the USA): "The argument advanced by Cyprus against the legality of Kosovo’s unilateral declaration of independence is incorrect. Cyprus attempted to compare the 1244 process to the 'heartbreaking but misleading situation' of a parent sending their young child into state care, never to see them again. I argued, however, that a more accurate analogy would be the futile attempt by the state to forcibly return an adult child to an abusive home when the child no longer wishes to return, especially after the parent and child have LONG LIVED APART, and REPEATED ATTEMPTS AT RECONCILIATION HAVE REPEATEDLY FAILED. In such a case, as here, a DECLARATION OF INDEPENDENCE WOULD BE THE ONLY VALID OPTION and would undoubtedly be lawful.”
https://www.icj-cij.org/public/files/case-related/141/141-20091208-ORA-01-00-BI.pdf (Page38; Paragraph40)
Accordingly, the US Federal Court (on 9 October 2014) declared the TRNC as a "democratic republic with a president, a prime minister, a legislative body, and a judiciary."
In the UN-ICJ 2010 Kosovo ruling, ICJ Judge Trindade: "The emphasis has shifted from the status of the TERRITORIES to the NEEDS AND DESIRES OF THE PEOPLE."
https://www.icj-cij.org/sites/default/files/case-related/141/141-20100722-ADV-01-08-EN.pdf (Page550; Paragraph66)
- The European Court of Human Rights (ECHR; 2 July 2013):
"Although the regime in the northern area lacks international recognition, THE DE FACTO RECOGNITION OF THE REGIME’S ACTIONS IN THE NORTH MAY BE NECESSARY FOR PRACTICAL PURPOSES. Therefore, the adoption of civil, administrative, or criminal legal measures by the authorities of the 'TRNC', and their application or enforcement within the territory of the regime in the north, may be seen as having a LEGAL BASIS IN DOMESTIC LAW for the purposes of the European Convention on Human Rights (ECHR)."
http://hudoc.echr.coe.int/eng?i=001-122907
- The United States Federal Court (9 October 2014):
"...Although the US does not recognize the TRNC as a state, it can be said that the TRNC purportedly operates as a DEMOCRATIC REPUBLIC with a president, prime minister, legislature and judiciary...The TRNC is NOT vulnerable to a lawsuit in Washington."
https://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2009cv01967/139002/53
- The European Court of Human Rights (ECHR; 2 September 2015):
"The judicial system in the 'TRNC', including both civil and criminal courts, reflects the judicial and customary law tradition of Cyprus in its operation and procedures, and therefore, the courts of the 'TRNC' should be regarded as 'established by law' in reference to their 'constitutional and legal foundation. The ECHR had previously ruled that the judicial system established in the 'TRNC' should be considered 'established by law' based on the 'constitutional and legal foundation' that sustains it. Moreover, the ECHR does NOT accept that the courts in the 'TRNC', as a whole, lack independence and/or impartiality. When an action by the authorities of the 'TRNC' complies with the EXISTING LAWS OF NORTHERN CYPRUS, such actions, in principle, have a legal basis in domestic law for the purposes of the European Convention on Human Rights.
http://hudoc.echr.coe.int/eng?i=001-155000
PS: Here, the ECtHR, by referring to the "laws in force in the northern region of Cyprus", means the laws enacted and enforced by the TRNC in northern Cyprus (see the ECtHR’s 02July2013 ruling). In summary, according to the ECtHR, the courts of the TRNC are INDEPENDENT AND IMPARTIAL.
- United Kingdom High Court (3 February 2017):
"There was NO duty in UK law upon the Government to refrain from recognising Northern Cyprus. The United Nations itself works with Northern Cyprus law enforcement agencies and facilitates co-operation between the two parts of the island...The cooperation between the UK police and legal institutions in Northern Cyprus is LAWFUL."
http://www.telegraph.co.uk/news/2017/02/03/criminals-fleeing-british-justice-can-no-longer-use-cyprus-safe
http://ambamarblearch-media.com/sites/default/files/dpp_files/TT.pdf, Page6.212.174.38.177 (talk) 06:55, 10 October 2024 (UTC)
Broken link in Infobox
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In the infobox (under 'establishment'), the link for the 'Independence from the Republic of Cyprus' (established_date4) links to a Wikisource page which does not exist. It should link to the Wikipedia page: Declaration of Independence of the Turkish Republic of Northern Cyprus. TheMinionsOfTheTrenches (talk) 13:58, 15 October 2024 (UTC)
- Done I don't see anything wrong with that! Babysharkboss2!! (Actin' like a maniac!) 14:01, 15 October 2024 (UTC)
The Euro also circulates in Northern Cyprus.
In fact, the Cypriot euro coins are also inscribed in the Turkish language as well as in the Greek language. - (161.29.238.230 (talk) 23:06, 21 January 2025 (UTC))
The "non-binding"ness of UN Security Council Resolution 1983/541 must be added to the article
[edit]The article says:
"The north unilaterally declared its independence on 15 November 1983 under the name of the Turkish Republic of Northern Cyprus. This was rejected by the UN via Security Council Resolution 541.".
This part must be changed to:
"The north unilaterally declared its independence on 15 November 1983 under the name of the Turkish Republic of Northern Cyprus. "United Nations Security Council's non-binding Resolution 541 states the declaration of independence of Northern Cyprus as legally invalid".
Here is the reason:
UNSC Resolution 1983/541 is Non-Binding
[edit]On 04.08.1986, Greece filed a case against the Council of the European Communities(supporter intervener:Commission of the European Communities). In the case, Greece first argued that the UN Security Council Resolution 1983/541 called "upon all States not to recognize any Cypriot State other than the Republic of Cyprus". Greece then reasoned that since the Turkish Government recognized the Turkish Republic of Northern Cyprus, the European Community "cannot grant it the special aid without ignoring that breach and thereby itself violating an obligation imposed on it under a measure which is binding on it by virtue of the principle of substitution."[1]
On 25.05.1988, Council of the European Communities(supporter intervener:Commission of the European Communities) specified that the UN Security Council Resolution 1983/541 which is not passed under Article VII of the UN Charter is non-binding in nature, and Council of EC and the Commission of the EC stated that "It is manifest from the wording of the operative part and from the debates and the declarations of vote prior to the adoption of Resolution No 541 that the Resolution does not constitute a "decision" and is therefore not a binding measure, but a measure in the nature of a mere recommendation. Consequently, the States to which the declaration is addressed are NOT bound to comply with paragraph 7 of the resolution or to infer from the fact that paragraph 7 was not complied with the consequences which Greece claims they should infer."[2]
On 27.09.1988, European Court of Justice (ECJ) rejected all of the Greece's arguments in the Case 204/86 (Greek Republic v. Council of the European Communities(supporter intervener:Commission of the European Communities)), and punished Greece to pay all the costs, including the costs of the intervener. ECJ stated (in prg28) that the Resolution 1983/541 of the United Nations Security Council is completely extraneous to relations between the Community and Turkey.[3]78.175.237.89 (talk) 15:44, 24 January 2025 (UTC)
- ^ "Developing the principle of non-recognition". Adam Saltzman. 2019. Retrieved 17 January 2025.
- ^ "Opinion of the Advocate-General (of CoEC and CEC)". Advocate General Mancini. 1988. Retrieved 17 January 2025.
- ^ "Judgment of 27.9.1988 - Case 204/86". European Court of Justice (ECJ). 1988. Retrieved 23 January 2025.
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