Ramifications Of The ICJ Kosovo Advisory Opinion For The Turkish Republic Of Northern Cyprus

Year 2013, Volume: 6 Issue: 1, 59 - 80, 01.01.2013

Nejat Doğan

Abstract

Kosovo “unilaterally” declared independence in 2008. In the Advisory Opinion delivered on 22 July 2010, the ICJ opined that this declaration “did not violate international law.” This Advisory Opinion has some critical ramifications for the future of the Cyprus question. One can easily deduce from the Court’s findings that neither the declaration of independence by the TRNC nor its recognition violates any applicable rule of international law. As such the Greek Cypriot Administration as well as the international community does not have the right to impose a solution on the island against the will of the Turkish Cypriot community. In fact, given especially the process and outcome of half-a-century of negotiations and of 2004 referendum, the best solution to the impasse between the communities is to recognize two independent states on the island, namely the Greek Cypriot State and the Turkish Cypriot State, as envisaged in the Annan Plan.

Keywords

International Court of Justice (ICJ), Kosovo Advisory Opinion, Turkish Republic of Northern Cyprus (TRNC), declaration of independence, recognition, international law, the Annan Plan

References

• Bahcheli, Tozun (2000). “Searching for a Cyprus Settlement: Considering Options for Creating a Federation, Confederation, or Two Independent States.” Publius: The Journal of Federalism 30 (1-2): 203-216.
• Buchanan, Allen (2003). “Secession” in Stanford Encyclopedia of Philosophy. http://plato. stanford.edu/entries/secession/
• Doğan, Nejat (2012). “Uluslararası Örgütler Nezdinde Kıbrıs Sorunu.” Uluslararası İlişkilerde Güncel Konular ve Türkiye. Cenap Çakmak, Nejat Doğan, Ahmet Öztürk (Eds.). Ankara: Seçkin. 9-44.
• Dolidze, Anna V. (2009). “Can Kosovo Be a Precedent for South Ossetia and Abkhazia: Recognizing Differences in Dynamics of Recognition.” Cornell International Affairs Review 2 (2): 42-45.
• Eralp, Doğu Ulaş (2010). Kosovo and Turkey: What Lies Ahead? SETA Policy Brief. Ankara: SETA.
• GASC (2009a). http://www.icj-cij.org/docket/files/141/15609.pdf
• GASC (2009b). http://www.icj-cij.org/docket/files/141/15684.pdf
• GASC (2010).http://www.novinite.com/view_news.php?id=118525 (Retrived on October 11, 2012).
• Hannum, Hurst (2011). “The Advisory Opinion on Kosovo: An Opportunity Lost, or a Poisoned Chalice Refused?” Leiden Journal of International Law 24: 155-161.
• Howse, Robert and Ruti Teitel (2010). “Delphic Dictum: How Has the ICJ Contributed to the Global Rule of Law by Its Ruling on Kosovo?” German Law Journal 11: 841-845.
• ICJ (2010). “Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo.” Advisory Opinion, 22 July 2010, General List No. 141.
• Ker-Lindsay, James (2011). “Not Such a sui generis Case After All: Assessing the ICJ Opinion on Kosovo.” Nationalities Papers 39 (1): 1-11.
• OIC (2004). Organization of Islamic Conference, Resolutions on Political Affairs, Adopted by the Thirty-First Session of the Islamic Conference of Foreign Ministers (Session of Progress and Global Harmony), Istanbul, Republic of Turkey, 14-16 June 2004, Resolution No.2/31-P. http://www.oic-oci.org/english/conf/fm/31/31%20icfm-pol1-eng.htm#RESOLUTION NO. 2/31-P (Retrieved on October 10, 2012).
• Peel, Quentin (2008). “Greek Cyprus watches Kosovo’s move.” Financial Times. February 6, 2008. Ryngaert, Cedric and Sven Sobrie (2011). “Recognition of States: International Law or Realpolitik? The Practice of Recognition in the Wake of Kosovo, South Ossetia, and Abkhazia.” Leiden Journal of International Law 24: 467-490.
• TRNC (1983). “Declaration of Independence by Turkish Cypriot Parliament on 15 November 1983.” http://www.atcanews.org/archive/declarationofindependence.pdf (Retrieved on October 11, 2012)
• TRNC (2011). “Initial Results of the Population Census in THE TRNC Declared to Be 294 ThouPeer Reviewed Article sand 906 (12.12.2011).” http://www.the TRNCinfo.com/tanitma/en/index.asp?sayfa=haberde tay&newsid=1115 (Retrieved on October 11, 2012).
• TRNC (2012). “Turkish Cypriot Isolation” http://www.the TRNCinfo.com/index.asp?page=276 (Retrieved on October 10, 2012).
• World Bank (2012). “World Bank Group Members.”
• http://web.worldbank.org/WBSITE/EXTERNAL/EXTABOUTUS/ORGANIZATION/BOD
• EXT/0,,contentMDK:20122871~pagePK:64020054~piPK:64020408~theSitePK:278036~isC
• URL:Y,00.html (Retrieved on October 11, 2012).