Hostname: page-component-84b7d79bbc-7nlkj Total loading time: 0 Render date: 2024-07-28T00:20:03.205Z Has data issue: false hasContentIssue false

Regina (on the application of Kibris Türk Hava Yollari and CTA Holidays Limited) v. Secretary of State for Transport (Republic of Cyprus, interested party)

United Kingdom, England.  28 July 2009 ; 12 October 2010 .

Published online by Cambridge University Press:  01 January 2021

Get access

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

Type
Case Report
Copyright
© Cambridge University Press 2012

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)