Cyprus presentation - CYPRUS PRESENTATION -Examine the...

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CYPRUS PRESENTATION -Examine the claims made by TRNC since its first calls in 1983 for statehood. -Argue that TRNC does fulfull most of statehood. (go through list in Montevideo accords) -Argue that the problem comes with the way they acheived power (use of force) -For this reason, UNSC has taken an unfavorable view towards it. UN tried with the powersharing back in 1973, but when Turkey invaded to help out and gained 39% of territory, UN issues non-recognition towards TRNC. -So although it satisfies statehood only recognized by Turkey as state bc of non- recognition calls by UN. -Occupation: turkeys occupation illegal; violates numerous human rights (see link online) - Emin v. Yeldag (2002) - -The TRNC- Turkish Republic of Northern Cyprus is a Turkish-Cypriot entity in the northern part of Cyprus, which in 1983 purported to secede from the Republic of Cyprus. Following UN Security Council Resolution 541 (1983) which declared the purported secession illegal and invalid, the TRNC has remained unrecognized by all states except Turkey. ---- Why TRNC should be a state (bookmark) -The TRNC satisfies time-honored international law standards for statehood. It governs over defined territory populated by the Turkish Cypriot people and is endowed with the capacity to engage in foreign relations. All the more, it does so in a pluralistic democracy mirroring intl human rights standards. -Also why it is necessary that TRNC be recognized (security) -BUT full international recognition of the TRNC would be to condone the use of aggression on which it was founded -Resolution 353 (1974) recognizes Cyprus -Resolution 360- condemns Turkish unilateral military action in cyprus 1974. Collective non-recognition The author emphasizes that the reason for the non-recognition was not that the TRNC did not possess the requirements of statehood , but the fact that the TRNC has been founded in violation of international law The second chapter provides for an in-depth discussion of various precedents for international non-recognition, namely Manchukuo, Rhodesia and the South African homelands. Talmon shows that while the reasons for the collective non-recognition of these States differ from each other—mainly political, ethical or moral—the non-recognition is always a reaction to a violation of a fundamental rule of international law . Furthermore, he demonstrates that the preconditions for statehood do not play an essential role for collective non-recognition: in fact, the existence of all criteria for statehood is a logical precondition for any non-recognition of a State n the fourth chapter, Talmon argues that collective non-recognition cannot be based on Chapter VI of the UN Charter. Instead, the Security Council can base its call for collective non-recognition on Articles 41, 39 and 24(1) UN Charter, and the General Assembly on Articles 11(2) and 10 UN Charter (p. 365). The chapter further discusses the duty not to recognize illegal States pursuant to treaty obligations and customary
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This note was uploaded on 09/04/2010 for the course GOVT 380 taught by Professor Tannenwald,n during the Spring '07 term at Cornell University (Engineering School).

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Cyprus presentation - CYPRUS PRESENTATION -Examine the...

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