Turkey, Cyprus, and the Turkish Republic of Northern Cyprus

1 J. M.G. ROBERTSON GLOBAL CTR. FOR L. & PUB. POL’Y 156 (2015)

M.G. Robertson Global Centre for Law & Public Policy Research Paper No. 15-8

33 Pages Posted: 19 May 2016 Last revised: 9 Nov 2018

See all articles by Marshall Goldman

Marshall Goldman

American Center for Law and Justice; M.G. Robertson Global Centre for Law & Policy

Date Written: May 18, 2016

Abstract

Cyprus “is on the sea lane of the great maritime highway connecting the Mediterranean Sea through two sea gates – the Suez and Bab al-Mandab – with the Indian Ocean”. It links to “the Strait of Hormuz, leading to the Persian Gulf, and the Strait of Malacca, connecting to the Pacific”. Cyprus is only 3,572 square miles in size. Turkey “lies just forty miles from its northern coast. To the east, Syria is only seventy-five miles away. Mainland Greece lies approximately five hundred miles west”. Cyprus “has been regarded as vital territory by almost every empire that has wished to assert control over the wider Eastern Mediterranean region”. Moreover, circumstances during the past 100 years have exposed long simmering grievances between Turkey and Greece. Consistent with this contention, during the latter part of the twentieth century, fighting ensued between Greek and Turkish Cypriots. Conflict was followed quickly by the introduction of outside peacekeeping assistance by the United Nations. Notwithstanding the efforts of the UN, the Turkish military intervened in 1974 declaring a ceasefire after securing 37 percent of the island. This move was followed by two others: the proclamation of the Turkish Federated State of Cyprus in 1975 and the dissolution of this state and its replacement by the Turkish Republic of Northern Cyprus (TRNC) in 1983.

The purpose of this paper is ascertain whether the TRNC satisfied the four Montevideo Convention criteria for statehood when it proclaimed itself to be a state. The Montevideo Convention on the Rights and Duties of States contains the best known formulation of the basic benchmarks for statehood under customary international law. This paper concludes that the TRNC has failed to satisfy the fourth Montevideo criterion for statehood, a conclusion that raises vexed questions in light of the fact that the TRNC is currently entangled in the Syrian refugee crisis. Additional challenges arise in light of the fact that both internationally-recognised and aspiring states must pursue a delicate balance between their self-interests and international engagement. In any case, this paper shows that the ongoing dispute regarding the statehood of the TRNC likely ensures that Cyprus remains a vital territory in world affairs for the foreseeable future.

Keywords: Montevideo Convention, Turkey, Greece, Turkish Republic of Northern Cyprus, Enosis, Treaty of Lausanne, Archbishop Makarios, Treaty of Establishment, Treaty of Guarantee, Treaty of Alliance, United Nations Peace-Keeping Force in Cyprus (UNFICYP)

Suggested Citation

Goldman, Marshall, Turkey, Cyprus, and the Turkish Republic of Northern Cyprus (May 18, 2016). 1 J. M.G. ROBERTSON GLOBAL CTR. FOR L. & PUB. POL’Y 156 (2015), M.G. Robertson Global Centre for Law & Public Policy Research Paper No. 15-8, Available at SSRN: https://ssrn.com/abstract=2781735

Marshall Goldman (Contact Author)

American Center for Law and Justice ( email )

P.O. Box 90555
DC 20090-0555
United States

M.G. Robertson Global Centre for Law & Policy

Belsyre Court, 57 Woodstock Road
Oxford 0X2 6HJ
United Kingdom

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