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II. The Ankara Agreement, Turkey, and the Eu
Published online by Cambridge University Press: 17 January 2008
Extract
The Republic of Cyprus became independent on 16 August 1960 with the conclusion of three agreements between Cyprus, Greece, Turkey and the United Kingdom: the Treaty of Establishment,1 the Treaty of Guarantee,2 and the Treaty of Alliance.3 Due to limited space, this article will not consider the troubled history of the new Republic the structures of which were literally shattered by an unworkable and dysfunctional Constitution a few years only after its establishment and which eventually led to the Turkish invasion and continuing occupation of one third of its territory.4 Rather, this article intends to focus on recent legal developments provoked by Turkey's refusal to recognize the Republic of Cyprus, a Member State of the United Nations and as from May 2004 a Member of the European Union, in the context of Turkey's own aspirations to become an EU Member State.
- Type
- current developments: Public International Law
- Information
- Copyright
- Copyright © British Institute of International and Comparative Law 2006
References
1 United Nations Treaty Series (1960) vol 382, 10.
2 ibid, 4.
3 Available at <http://www.hri.org/Cyprus/Cyprus_Problem/treaty.html#C>.
4 For a recent bibliography on the Cyprus question see Chrysostomides, KThe Republic of Cyprus: A Study in International Law, (Martinus Nijhoff Publishers/Kluwer 2000).Google ScholarOn the recent UN initiatives to find a settlement to the Cyprus problem see Palley, CAn International Relations Debacle: The UN Secretary-General's Mission of Good Offices in Cyprus 1999–2004 (Hart Publishing Oxford and Portland, Oregon 2005).Google Scholar
5 Agreement establishing an Association between the European Economic Community and Turkey, signed at Ankara, 12 Sept 1963, available at <http://www.deltur.cec.eu.int/kitap/e-ankara.rtf>.
6 Additional Protocol to the Agreement establishing an Association between the European Economic Community and Turkey following the enlargement of the European Union, available at <http://www.europa.eu.int/comm/enlargement/docs/pdf/Tur/07%20-%20EN.pdf>.
7 Available at <http://europa.eu.int/comm/enlargement/docs/newsletter/latest_weekly_070905.htm#a3>.
8 30 July 2005: Signature of the protocol to the Ankara Agreement (Brussels), available at <http://europa-eu-un.org/articles/sv/article_4966_sv.htm>.
9 Declaration by the European Community and its Member States, Brussels, 21 Sept 2005, paras 2 and 3, available at <http://europa-eu-un.org/articles/en/article_5045_en.htm>.
10 ibid, paras 3–5.
11 Turkey, 2005 Progress Report, COM (2005) 561 final, Brussels, 9 Nov 2005, at 58, available at <http://europa.eu.int/comm/enlargement/report_2005/pdf/package/sec_1426_final_en_progress_report_tr.pdf>.
12 2006/35/EC, Council Decision of 23 Jan 2006 on the principles, priorities and conditions in the Accession Partnership with Turkey, Official Journal L22, 26/1/2006, p 34–50, also available at <http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnum doc>. In a more recent development, and in particular on 12 June 2006, the EU Council considering the provisional completion of negotiations with Turkey in the areas of education and research, adopted the following position: ‘The EU underlines the importance for Turkey of compliance with the Association Agreement, including its additional protocol and the customs union. Failure to implement its obligations in full will affect theoverall progress in the negotiations. With this in mind, the Union underlines all relevant elementsof the (EU) declaration of September 21, 2005. Available at <http://www.dw-world.de/dw/article/0,2144,2052869,00.html>.
13 ‘Turkey's Signature of the Protocol Declaration and Exchange of Letters’, 22 Aug 2005. The Opinion was obtained with the permission of the Government of the Republic of Cyprus. For an explanation of the legal effects of such various statements see the International Law Commission's Guidelines to Practice Relating to Reservations to Treaties, Official Records of the General Assembly, Fifty-fourth Session, Supplement No 10 (A/54/10).
14 See joint legal opinion, 3, para 5.
15 ibid 4, para 6.
16 ibid 15, para 38.
17 Fitzmaurice, M ‘The Practical Working of the Law of the Treaties’ in Evans, M (ed) International Law (OUP 2003) 195–6.Google Scholar
18 Official Records of the General Assembly, Fifty-fourth Session, Supplement No 10 (A/54/10) 114.
19 Joint legal opinion, above n 14, at 6, para 12.
20 See Accession Treaty concluded between the EU and the ten new Member States, available at <http://europa.eu.int/eur-lex/lex/en/treaties/dat/12003T/htm/L2003236EN.001701.htm> Act of Accession, available at <http://europa.eu.int/eur-lex/lex/en/treaties/dat/12003T/htm/L200 3236EN.003301.htm>.
Accession Protocol No 10 on Cyprus, available at<http://europa.eu.int/comm/enlargement/turkish_cypriot_en.htm>.
21 Joint legal opinion (n 14) 7–11, paras 17–26.
22 Available at <http://www.jus.uio.no/lm/un.law.of.treaties.convention.1969/>.
23 Above n 6.
24 Above n 5.
25 ibid.
26 MacLeod, I, Hendry, ID, and Hyett, SThe External Relations of the European Communities (Clarendon Press Oxford 1996) 145.Google Scholar
27 ibid 147–8.
28 See Arts 300 and 310 EC. Opinion 1/94 of 15 Nov 1994, Competence of the Community to conclude international agreements concerning services and the protection of intellectual property— Art 228 (6) of the EC Treaty, ECR 1994, p I-5267, para 108 in Joint legal opinion (n 13) 9, para 21.
29 Shaw, MInternational Law (5th ednCUP Cambridge 2003) 822.CrossRefGoogle Scholar
30 Joint legal opinion (n 13) 9, para 22 and ILC draft Guideline 1.5.1. (‘Reservations to Bilateral Treaties’), A/54, 120.
31 Joint legal opinion, above n 13, at 10, para 25.
32 Rosas, A ‘The European Union and Mixed Agreements’ in Dashwood, A and Hillion, C (eds) The General Law of E.C. External Relations (Sweet & Maxwell London 2000) 211. See Commission Staff Working Paper ‘Reservations and objections to reservations with regard to mixed agreements’ SEC (1998) 2249 of 23 Dec 1998.Google Scholar
33 Commission Staff Working Paper, ibid.
34 ibid.
35 (n1) 10.
36 ibid 4.
37 Warbrick, C ‘States and Recognition in International Law’ in Evans, M (ed) International Law (1st ednOUP Oxford 2003) 239.Google Scholar
38 ibid 241–2.
39 ibid 240.
40 See in this regard Security Council resolutions 365 (1974); 367 (1975); 541 (1983); 544 (1983); 550 (1984); General Assembly resolution 3212 (1974); Cyprus v Turkey ECHR (2992) 35EHRR 30; Loizidou v Turkey ECHR (1997) 23 EHRR; The Queen v Minister of Agriculture, Fisheries and Food, ex parte S.P.Anastasiou (Pissouri) Ltd and others [1994] ECR I-3087 Judgment of 5 July 1994; Common statement of the 10 States members of the European Community on the situation in the Republic of Cyprus issued in Athens on 16 November 1983, S/16155, Annex, 17 Nov 1983.
41 Soviet invasion of Afghanistan, Digest of US Practice in International Law (1979) 34.
42 ibid 34.
43 Crawford, JThe Creation of States in International Law (2nd ednClarendon Press Oxford 2006) 131–2.Google Scholar
44 ibid 146 and 148.
45 Joint legal opinion, (n 13) 34, para 95.
46 See Art 6, paras 2 and 6 of the Act of Accession (n 20).
47 Additional Protocol and Financial Protocol signed on 23 Nov 1970, Official Journal L 293, at 4–56.
48 Above n 20.
49 Council of the European Union, 8317/05, Brussels, 21 Apr 2005, 28 in Turkey's Signature of the Protocol Declaration and Exchange of Letters, Joint Opinion by I Brownlie, I Crawford, A Pellet, and D Wyatt, 25–5, para 70.
50 International and European Legal Issues arising from Turkish Non-recognition of the Republic of Cyprus, Joint Opinion of Professors Crawford, Schermers and Wyatt, 20 Oct 2004, 22, para 47. The opinion was obtained with permission of the Government of the Republic of Cyprus. One of the conditions set out in the Copenhagen criteria is the ability of the candidate State to ‘take on the obligations of membership, including adherence to the aims of political, economic and monetary union’.
51 Art 5 and 48 EC. Also see Dashwood, A ‘The Attribution of External Relations Competence’ in Dashwood, A and Hillion, C (eds) The General Law of E.C. External Relations (Sweet & Maxwell London 2000) 116.Google Scholar
52 Case 104/81 (1982) ECR 3641, (1983) 1 CMLR 1, para 11.