International law, Sixth edition
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International Law MALCOLM N. SHAW
Cyprus Conflict, p. 123.
236 i n t e r nat i o na l l aw On 15 November 1983, the Turkish Cypriots proclaimed their indepen- dence as the ‘Turkish Republic of Northern Cyprus’. 201 This was declared illegal by the Security Council in resolution 541 (1983) and its withdrawal called for. All states were requested not to recognise the ‘purported state’ or assist it in any way. This was reiterated in Security Council resolution 550 (1984). The Committee of Ministers of the Council of Europe decided that it continued to regard the government of the Republic of Cyprus as the sole legitimate government of Cyprus and called for respect for the independence and territorial integrity of Cyprus. 202 The European Court of Human Rights in its judgment of 10 May 2001 in Cyprus v. Turkey concluded that, ‘it is evident from international practice . . . that the in- ternational community does not recognise the “TRNC” as a state under international law’ and declared that ‘the Republic of Cyprus has remained the sole legitimate government of Cyprus’. 203 In the light of this and the very heavy dependence of the territory upon Turkey, it cannot be regarded as a sovereign state, but remains as a de facto administered entity within the recognised confines of the Republic of Cyprus and dependent upon Turkish assistance. 204 The Saharan Arab Democratic Republic 205 In February 1976, the Polisario liberation movement conducting a war to free the Western Saharan territory from Moroccan control declared the independent sovereign Saharan Arab Democratic Republic (SADR). 206 Over the succeeding years, many states recognised the new entity, includ- ing a majority of Organisation of African Unity members. In February 1982, the OAU Secretary-General sought to seat a delegation from SADR on that basis, but this provoked a boycott by some nineteen states and a major crisis. However, in November 1984 the Assembly of Heads of State and Government of the OAU did agree to seat a delegation from SADR, 201 See The Times, 16 November 1983, p. 12, and 21(4) UN Chronicle, 1984, p. 17. 202 Resolution (83)13 adopted on 24 November 1983. 203 Application No. 25781/94; 120 ILR, p. 10. See Loizidou v. Turkey (Preliminary Objections), Series A, No. 310, 1995; 103 ILR, p. 622, and Loizidou v. Turkey (Merits), Reports 1996-VI, p. 2216; 108 ILR, p. 443. See also to the same effect, Autocephalous Church of Cyprus v. Goldberg 917 F.2d 278 (1990); 108 ILR, p. 488, and Caglar v. Billingham [1996] STC (SCD) 150; 108 ILR, p. 510. 204 See also Foreign Affairs Committee, Third Report, Session 1986–7, Cyprus: HCP 23 (1986–7). 205 See Shaw, Title, chapter 3. 206 Africa Research Bulletin, June 1976, p. 4047 and July 1976, pp. 4078 and 4081. t h e s u b j e c t s o f i n t e r nat i o na l l aw 237 despite Morocco’s threat of withdrawal from the organisation. 207 This, therefore, can be taken as OAU recognition of statehood and, as such, of evidential significance. However, although in view of the reduced impor- tance of the effectiveness of control criterion in such self-determination situations a credible argument can now be made regarding SADR’s state- hood, the issue is still controversial in view of the continuing hostilities and what appears to be effective Moroccan control. It is to be noted that the legal counsel to the UN gave an opinion in 2002 to the effect that Western Sahara continued as a non-self-governing territory and that this status was unaffected by the transfer of administrative authority to Morocco and Mauritania in 1975. The view was also taken that explo- ration and exploitation activities undertaken in disregard of the interests and wishes of the people of Western Sahara would violate international law. 208 Download 7.77 Mb. Do'stlaringiz bilan baham: |
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