UN Security Council Resolution 541 | ||
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Date | 18 November 1983 | |
Meeting no. | 2,500 | |
Code | S/RES/541 (Document) | |
Subject | Cyprus | |
Voting summary |
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Result | Adopted | |
Security Council composition | ||
Permanent members | ||
Non-permanent members | ||
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Northern Cyprus declared its independence in 1983 with its official name being the Turkish Republic of Northern Cyprus (TRNC). It is recognized by Turkey.
With United Nations Security Council resolution 541, adopted on 18 November 1983, after reaffirming Resolution 365 (1974) and Resolution 367 (1975), the Council considered Northern Cyprus' decision to declare independence legally invalid.
It called upon both parties to cooperate with the Secretary-General, and urged other Member States not to recognize Northern Cyprus, while only recognizing the Republic of Cyprus as the sole authority on the island.
The resolution was adopted by 13 votes to one against (Pakistan) and one abstention from Jordan.
In 1988, European Court of Justice (ECJ) decided in the Case 204/86 (Greek Republic v. Council, 1988 E.C.R. 5337, 5353) that UN Security Council Resolution 1983/541 was not passed under Article VII of the UN Charter, and is non-binding in nature. In this case, Greece first argued that the Security Council resolution called "upon all States not to recognize any Cypriot State other than the Republic of Cyprus." It 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." The ECJ rejected Greece’s arguments in the Case because the Resolution 1983/541 was not binding. (ECJ: "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."). [1]
International law contains no prohibition on declarations of independence, [2] and the recognition of a country is a political issue. [3]
Self-determination refers to a people's right to form its own political entity, and internal self-determination is the right to representative government with full suffrage.
The Cyprus problem, also known as the Cyprus conflict, Cyprus issue, Cyprus dispute, or Cyprus question, is an ongoing dispute between the Greek Cypriot and the Turkish Cypriot community in the north of the island of Cyprus, where troops of the Republic of Turkey are deployed. This dispute is an example of a protracted social conflict. The Cyprus dispute stems from a Turkish military invasion of the island after a coup, and the presence of Turkish soldiers despite a legal reinstatement of a stable government. The desire of some of the ethnic Turkish peoples for the partition of the island of Cyprus through Taksim, and mainland Turkish nationalists settling in as a show of force as a supposed means of protecting their people from what they considered to be the threat of Greek Cypriots, also plays a role in the dispute.
Diplomatic recognition in international law is a unilateral declarative political act of a state that acknowledges an act or status of another state or government in control of a state. Recognition can be accorded either on a de facto or de jure basis. Partial recognition can occur if many sovereign states refuse to recognize an entity as a peer. Recognition can be a declaration to that effect by the recognizing government or may be implied from an act of recognition, such as entering into a treaty with the other state or making a state visit. Recognition may, but need not, have domestic and international legal consequences. If sufficient countries recognise a particular entity as a state, that state may have a right to membership in international organizations, while treaties may require all existing member countries unanimously agreeing to the admission of a new member.
The declaration of Independence of the Turkish Republic of Northern Cyprus was a unilateral declaration of independence (UDI) from the Republic of Cyprus by the Turkish Cypriot parliament on 15 November 1983.
The Representative Office of Northern Cyprus is a representative office of the Turkish Republic of Northern Cyprus to the United States. The United States does not formally recognize the Turkish Republic of Northern Cyprus, and therefore the office is legally a commercial enterprise. The staff of the Representative Offices do not have diplomatic visas and only operate within the United States using business visas. It is located at 1667 K Street, Northwest in Washington, D.C. The Representative Office in New York City is the de facto mission of the TRNC to the United Nations Organization.
The Politics of Northern Cyprus takes place in a framework of a semi-presidential representative democratic republic, whereby the president is head of state and the prime minister is the head of government, and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the government and the Assembly of the Republic. The judiciary is independent of the executive and the legislature.
United Nations Security Council resolution 1244, adopted on 10 June 1999, after recalling resolutions 1160 (1998), 1199 (1998), 1203 (1998) and 1239 (1999), authorised an international civil and military presence in the Federal Republic of Yugoslavia and established the United Nations Interim Administration Mission in Kosovo (UNMIK). It followed an agreement by Yugoslav President Slobodan Milošević to terms proposed by President of Finland Martti Ahtisaari and former Prime Minister of Russia Viktor Chernomyrdin on 8 June, involving withdrawal of all Yugoslav state forces from Kosovo.
The political status of Kosovo, also known as the Kosovo question, is the subject of a long-running political and territorial dispute between the Serbian government and the Government of Kosovo, stemming from the breakup of Yugoslavia (1991–92) and the ensuing Kosovo War (1998–99). In 1999, the administration of the Autonomous Province of Kosovo and Metohija was handed on an interim basis to the United Nations under the terms of UNSCR 1244 which ended the Kosovo conflict of that year. That resolution reaffirmed the territorial integrity of Serbia over Kosovo but required the UN administration to promote the establishment of 'substantial autonomy and self-government' for Kosovo pending a 'final settlement' for negotiation between the parties.
Northern Cyprus is recognised only by Turkey, a country which facilitates many of its contacts with the international community. After it was occupied by Turkey, Northern Cyprus' relations with the rest of the world were further complicated by a series of United Nations resolutions which declared its independence legally invalid. A 2004 UN Referendum on settling the Cyprus dispute was accepted by the Turkish Cypriots but rejected by the Greek Cypriots. After that, the European Union declared its intentions to assist in reducing the economic isolation of Northern Cyprus and began giving aid to the territory. However, due to pressure from Greece and the Republic of Cyprus, this aid coming from EU funds cannot be used on Greek Cypriot land and property nor on public bodies. As a result, these funds can be used only on 29 percent of people on the island of Cyprus.
The 2008 Kosovo declaration of independence, which proclaimed the Republic of Kosovo to be an independent and sovereign state, was adopted at a meeting held on 17 February 2008 by 109 out of the 120 members of the Assembly of Kosovo, including the Prime Minister of Kosovo, Hashim Thaçi, and by the President of Kosovo, Fatmir Sejdiu. It was the second declaration of independence by Kosovo's Albanian-majority political institutions; the first was proclaimed on 7 September 1990.
On 17 February 2008, the majority of members of the Assembly of Kosovo, including Hashim Thaçi, and Fatmir Sejdiu, not acting in the capacity of PISG, declared Kosovo an independent and sovereign state. Kosovo was soon recognized as a sovereign state by the United States, Turkey, Albania, Austria, Germany, Italy, France, the United Kingdom, the Republic of China (Taiwan), and others. This triggered an international debate over whether Kosovo's unilateral declaration of independence had set a precedent in international law that could apply to other separatist movements, or whether it is a special case. The recognition of Kosovo's independence by 101 out of 193 UN states, according to many sources, has given fresh impetus to other separatist movements.
Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo was a request in 2008 for an advisory opinion referred to the International Court of Justice by the United Nations General Assembly regarding the 2008 Kosovo declaration of independence. The territory of Kosovo is the subject of a dispute between Serbia and the Republic of Kosovo established by the declaration. This was the first case regarding a unilateral declaration of independence to be brought before the court.
A sovereign state is a state that has the supreme sovereignty or ultimate authority over a territory. It is commonly understood that a sovereign state is independent. When referring to a specific polity, the term "country" may also refer to a constituent country, or a dependent territory.
United Nations Security Council resolution 550, adopted on 11 May 1984, after hearing representations from the Republic of Cyprus and reaffirming resolutions 365 (1974), 367 (1975), 541 (1983) and 544 (1983), the council condemned the illegal secessionist activities in the occupied part of the Republic of Cyprus from Turkey, in violation of the previous resolutions.
There have been strong reactions to the International Court of Justice advisory opinion on Kosovo's declaration of independence, rendered on 22 July 2010. The ruling, which held that the Kosovo declaration of independence was not in violation of international law, drew praise from some quarters and negative reactions from other quarters led by Serbia and other states which said their position would not change.
An international embargo against Northern Cyprus is currently in place in several areas. The embargo is supported by the policy of the United Nations and its application by the European Union is in line with a European Court of Justice (ECJ) decision taken in 1994.
The Judiciary of Northern Cyprus is the system of courts which interprets and applies the law in Northern Cyprus. Judicial independence is safeguarded by the Constitution of the country.
The two-state solution for the Cyprus dispute refers to the proposed permanent division of the island of Cyprus into a Turkish Cypriot State in the north and a Greek Cypriot State in the south, as opposed to the various proposals for reunification that have been suggested since the island was split into two by the 1974 Turkish invasion. The two-state solution would entail the legalisation of the status quo, where Greek Cypriots govern the southern part of the island and Turkish Cypriots govern the northern part, the latter of which is currently not recognised by any country other than Turkey.
The Namibia exception identifies the advisory opinion issued on 21 June 1971 by the International Court of Justice (I.C.J), the principal judicial organ of the United Nations (UN). The opinion refers to the "Legal Consequences for States of the Continued Presence of South Africa in Namibia notwithstanding Security Council Resolution 276 (1970)".