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Regina (on the application of Kibris Türk Hava Yollari and CTA Holidays Limited) v. Secretary of State for Transport (Republic of Cyprus, interested party)
Published online by Cambridge University Press: 01 January 2021
Abstract
Recognition — States — Turkish Republic of Northern Cyprus (“TRNC”) — Lack of recognition by United Kingdom — Effects of non-recognition — Civil aviation — Scheduled and charter flights — Applications for operating permits for flights between UK and TRNC — Refusal of permits — Chicago Convention on International Civil Aviation 1944 — Obligations of State parties — Duty of UK government to respect rights of Republic of Cyprus under Chicago Convention — Implied recognition — Denial of permits avoiding indirect affirmation of TRNC's sovereignty over territory of northern Cyprus — Exceptions to general principle of non-recognition — Ability to recognise validity of acts by TRNC regulating day-to-day activities and private rights of individuals — Whether civil aviation falling within exceptions — Whether grant of operating permits amounting to breach of obligations under international or domestic law
Treaties — Interpretation — Chicago Convention on International Civil Aviation 1944 — Sovereignty — Meaning of “sovereignty” under Chicago Convention — Whether “territorial sovereignty” requiring effective control over entire territory — Principle of effectiveness — Performance of treaty rights and obligations — Impossibility of performance — Conditions for suspension of operation of treaty — Vienna Convention on the Law of Treaties, Article 61(1) — Whether rights under treaty suspended — Whether entitlement to exercise rights under treaty suspended — Whether loss of effective control over territory resulting in suspension of treaty rights and obligations in respect of territory — The law of England
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