United Nations Security Council Resolution 541

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UN Security Council
Resolution 541
NCyprus location.svg
Northern Cyprus
Date18 November 1983
Meeting no.2,500
CodeS/RES/541 (Document)
SubjectCyprus
Voting summary
  • 13 voted for
  • 1 voted against
  • 1 abstained
ResultAdopted
Security Council composition
Permanent members
Non-permanent members
  540 Lists of resolutions 542  

Northern Cyprus declared its independence in 1983 with its official name being the Turkish Republic of Northern Cyprus (TRNC). It is recognized by Turkey.

Contents

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.

UNSC Resolution 1983/541 is Non-Binding

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]

Relevant Court Cases

International law contains no prohibition on declarations of independence, [2] and the recognition of a country is a political issue. [3]

International Courts

The ICJ's ruling was expected to bolster demands for recognition by Northern Cyprus. [5] [6] The decision of the ICJ has also been regarded as opening more potential options for the TRNC to gain international legitimacy. [7]

Courts of Countries

See also

Related Research Articles

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<span class="mw-page-title-main">Cyprus problem</span> Dispute between Greek and Turkish Cypriots

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.

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<span class="mw-page-title-main">Representative Office of Northern Cyprus to the United States</span>

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.

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<i>Advisory opinion on Kosovos declaration of independence</i> International Court of Justice opinion

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<span class="mw-page-title-main">Judiciary of Northern Cyprus</span>

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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)".

References

  1. "Developing the principle of non-recognition". Adam Saltzman. 2019. Retrieved 17 January 2025.
  2. BBC Archived 22 May 2018 at the Wayback Machine The President of the International Court of Justice (ICJ) Hisashi Owada (2010): "International law contains no prohibition on declarations of independence."
  3. Oshisanya, An Almanac of Contemporary and Comperative Judicial Restatement, 2016 Archived 14 November 2022 at the Wayback Machine p.64: The ICJ maintained that ... the issue of recognition was apolitical.
  4. "Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo, Paragraph 81" (PDF). International Court of Justice. 22 July 2010. Archived from the original (PDF) on 21 August 2010. Retrieved 11 February 2016.
  5. Beaumont, Peter (22 July 2010). "Kosovo's independence is legal, world court rules". The Guardian. Peter Beaumont, The Guardian (UK), 22.07.2010. Retrieved 25 March 2020.
  6. Beaumont, Peter (22 July 2010). "Kosovo's independence is legal, UN court rules". The Guardian. Peter Beaumont, The Guardian (UK), 22.07.2010. Retrieved 25 March 2020.
  7. ""Can Kosovo Be A Sample For Cyprus"". Cuneyt Yenigun, International Conference on Balkan and North Cyprus Relations: Perspectives in Political, Economic and Strategic Studies Center for Strategic Studies, 2011. Retrieved 25 March 2020. After the ICJ’s decision on Kosovo’s unilateral declaration of independence, the TRNC gained a huge advantage on the negotiation table and also an innovative Neo-Wilsonist path reopened in international arena. Can Kosovo be a sample for Northern Cyprus? According to international law, previous decisions are not become a precedent. But practically especially after the advisory opinion of ICJ in 2010, it surely will be inspirational way and another option for Cyprus and Cypriot Turks.
  8. ECtHRThe decision of 02.07.2013. paragraph 29
  9. ECtHRThe decision of 02.09.2015. paragraph 237.
  10. Courthouse News Center 13.10.2014 Property Spat Over Turk-Controlled Cyprus Fails
  11. USA's Federal CourtMichali Toumazou, Nicolas Kantzilaris and Maroulla Tompazou versus Republic of Turkey and Turkish Republic of Northern Cyprus
  12. USA's Federal CourtToumazou et al v. Republic of Turkey and Turkish Republic of Northern Cyprus
  13. The Telegraph 03.02.2017Criminals fleeing British justice can no longer use Cyprus as a safe haven, judges rule, in landmark decision