Information Note on the Legal Regime of the Territories
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Overview of the Constitution
CYPRUS PROBLEM: Constitution of the Republic of Cyprus file:///home/taygeti/Desktop/kupros/valmena/constitution... OVERVIEW OF THE CONSTITUTION The Republic of Cyprus was born in the early hours of 16 August 1960. On that date the Republic´s constitution was signed by the lst Governor of the Colony of Cyprus, Sir Hugh Foot, the Consul-General of Greece, George Christopoulos, his Turkish counterpart, Turel, and Archbishop Makarios and Dr. Fazil Kutchuk on behalf of the Greek Cypriot and Turkish Cypriot communities. The range of signatories reflected the fact that the constitution of Cyprus did not emanate from the free will of its people, who were not consulted either directly or through their ad hoc elected representatives, but from the Zurich Agreement between Greece and Turkey. The terms of that agreement, outlined in the last chapter, were included in the constitution as fundamental Articles, which could not be revised or amended. The constitution was drafted by the Joint Constitutional Commission created under Part VIII of the London Agreement of 19 February 1959. It comprised representatives of Greece, Turkey, the Greek Cypriot community and the Turkish Cypriot community. But the structure of the constitution again reflected the Zurich Agreement, with various provisions from the 1950 Greek constitution also incorporated along with the provisions of the European Convention of Human Rights in respect of fundamental rights and liberties. Two main principles underpinned the constitutional structure agreed at Zurich. The first recognised the existence of two communities on the island - the Greek and the Turkish - who, despite their numerical disparity, were given equal treatment. -
The Genius of Roman Law from a Law and Economics Perspective
THE GENIUS OF ROMAN LAW FROM A LAW AND ECONOMICS PERSPECTIVE By Juan Javier del Granado 1. What makes Roman law so admirable? 2. Asymmetric information and numerus clausus in Roman private law 2.1 Roman law of property 2.1.1 Clearly defined private domains 2.1.2 Private management of resources 2.2 Roman law of obligations 2.2.1 Private choices to co-operate 2.2.2 Private choices to co-operate without stipulating all eventualities 2.2.3 Private co-operation within extra-contractual relationships 2.2.4 Private co-operation between strangers 2.3 Roman law of commerce and finance 3. Private self-help in Roman law procedure 4. Roman legal scholarship in the restatement of civil law along the lines of law and economics 1. What makes Roman law so admirable? Law and economics aids us in understanding why Roman law is still worthy of admiration and emulation, what constitutes the “genius” of Roman law. For purposes of this paper, “Roman law” means the legal system of the Roman classical period, from about 300 B.C. to about 300 A.D. I will not attempt the tiresome job of being or trying to be a legal historian in this paper. In the manner of German pandect science, let us stipulate that I may arbitrarily choose certain parts of Roman law as being especially noteworthy to the design of an ideal private law system. This paper discusses legal scholarship from the ius commune. It will also discuss a few Greek philosophical ideas which I believe are important in the Roman legal system. -
The Gordian Knot: American and British Policy Concerning the Cyprus Issue: 1952-1974
THE GORDIAN KNOT: AMERICAN AND BRITISH POLICY CONCERNING THE CYPRUS ISSUE: 1952-1974 Michael M. Carver A Thesis Submitted to the Graduate College of Bowling Green State University in partial fulfillment of The requirements for the degree of MASTER OF ARTS May 2006 Committee: Dr. Douglas J. Forsyth, Advisor Dr. Gary R. Hess ii ABSTRACT Douglas J. Forsyth, Advisor This study examines the role of both the United States and Great Britain during a series of crises that plagued Cyprus from the mid 1950s until the 1974 invasion by Turkey that led to the takeover of approximately one-third of the island and its partition. Initially an ancient Greek colony, Cyprus was conquered by the Ottoman Empire in the late 16th century, which allowed the native peoples to take part in the island’s governance. But the idea of Cyprus’ reunification with the Greek mainland, known as enosis, remained a significant tenet to most Greek-Cypriots. The movement to make enosis a reality gained strength following the island’s occupation in 1878 by Great Britain. Cyprus was integrated into the British imperialist agenda until the end of the Second World War when American and Soviet hegemony supplanted European colonialism. Beginning in 1955, Cyprus became a battleground between British officials and terrorists of the pro-enosis EOKA group until 1959 when the independence of Cyprus was negotiated between Britain and the governments of Greece and Turkey. The United States remained largely absent during this period, but during the 1960s and 1970s came to play an increasingly assertive role whenever intercommunal fighting between the Greek and Turkish-Cypriot populations threatened to spill over into Greece and Turkey, and endanger the southeastern flank of NATO. -
Ethnic Nationalism and Consociational Democracy in Cyprus
BUJSS 9/2 (2016), 99-115 DOI: http://dx.doi.org/10.18221/bujss.33634 * ETHNIC NATIONALISM AND CONSOCIATIONAL DEMOCRACY IN CYPRUS 1 Pinar Erkem ABSTRACT The 1960 Cyprus Republic, which had a bi-communal power-sharing system, could not have lasted for long and it turned from consociational democracy to majoritarian in 1963 after ethnic conflict. Attempts to find a solution to Cyprus problem still focus on ethnic power-sharing but the conditions and bi-communal relations prior to 1960 system, which are conducive to its failure, are not adequately consumed. The paper argues that, the reasons for the prolonged conflict derive from ethnic rivalry and lack of an overarching loyalty. Modernization, kin-state relations and colonial policies are the contributing factors. This paper aims to contribute to future institutional designs for not only Cyprus but for all divided societies. Keywords: Cyprus; ethnic conflict; ethnic nationalism; consociational democracy; power-sharing; colonial policies KIBRIS’TA ETNİK MİLLİYETÇİLİK VE ORTAKLIKÇI DEMOKRASİ ÖZ İki topluluğun varlığını tanıyan ortaklıkçı demokrasiye dayalı 1960 Kıbrıs Cumhuriyeti etnik çatışmalar sonrası 1963 yılında son bularak çoğunlukçu demokrasi uygulamaya konuldu fakat Kıbrıs sorununa çözüm çabaları halen ortaklıkçı demokrasi üzerinde durmaktadır. 1960 sisteminin çökmesine yol açan topluluk- lar-arası sorunlar henüz tam olarak ortadan kaldırılamamıştır. Bu çalışmayla, Kıbrıs’ta güç paylaşımı sistemi- nin çökmesinin arkasındaki milliyetçiliğe dayalı nedenler incelenecektir. Bu çalışmanın iddiası, uzun suren Kıbrıs çatışmasının nedeninin etnik rekabetin varlığı ve ortak bağlayıcı bir değerin yokluğudur. Anahtar sözcükler: Kıbrıs; etnik çatışma; etnik milliyetçilik; ortaklıkçı demokrasi; güç paylaşımı Cyprus has been under influence and administration of different civilizations throughout its history, centuries long Byzantium and Ottoman rules and 82 years of British colonial rule, until its independence in 1960. -
104 (I) / 2003 the Marriage Law Arrangement of Sections
Translation: Union of Cyprus Municipalities Official Gazette Annex I (I) No. 3742, 25.7.2003 Law: 104 (I) / 2003 THE MARRIAGE LAW ARRANGEMENT OF SECTIONS Sections PART I PRELIMINARY 1. Short Title 2. Interpretation PART II MARRIAGE 3. Contract of marriage PART III NOTICE OF INTENDED MARRIAGE 4. Notice of intended marriage 5. Filing of Notice 6. Issue of certificates of notice 7. Marriage to be celebrated at earlier date 8. Declaration of parties that there is no impediment PART IV MARRIAGE CEREMONY 9. Marriage Ceremony 10. Refusal to celebrate a marriage 11. Selection of place 12. Marriage certificate PART V CONDITIONS AND RESTRICTIONS FOR THE CELEBRATION OF MARRIAGE-FAULTY MARRIAGES 13. Categories of faulty marriages 14. Voidable marriages 15. Age for marriage 16. Lifting of voidability 17. Void marriages 18. Dissolution or annulment of previous marriage 19. Nonexistent marriages Translation: Union of Cyprus Municipalities PART VI VOID MARRIAGES 20. Application of this Part 21. Action for annulment 22. Right to file action 23. Lifting of annulment 24. Result of annulment 25. Status of children from annulled marriage 26. Marriage of convenience 27. Grounds for divorce Translation: Union of Cyprus Municipalities Law:104(I)/2003 The Marriage Law of 2003 is issued by publication in the Official Gazette of the Republic of Cyprus under Section 52 of the Constitution ______ Number 104(I) of 2003 THE MARRIAGE LAW The House of Representatives decides as follows: PART I – PRELIMINARY This Law may be cited as the Marriage Law of 2003 Short Title 1. In this Law unless the context otherwise requires – Interpretation 2. -
National Legal Measures to Combat Racism and Intolerance in the Member States of the Council of Europe
NATIONAL LEGAL MEASURES TO COMBAT RACISM AND INTOLERANCE IN THE MEMBER STATES OF THE COUNCIL OF EUROPE CYPRUS, Situation as of 1 December 2004 General Overview Preliminary Note: this table is accompanied by an explanatory note COUNTRY: Constitutional Specific Criminal Law Civil and CYPRUS provisions legislation Administrative Law Norms Yes. No statute. No case-law Law 57(I)/2004 concerning Article 6 found on this amending Law discrimination Article 28 § 1. subject. no. 127(I)/2000. in general Norms Yes. Law no. Yes. Equal concerning Article 28 § 2. 12/1967, as Laws no. 11 Treatment racism amended by (III)/1992, no. (Racial or Laws 11/92, 6 (III)/1995 and Ethnic Origin) 6(III)/95 and no. 28(III) Law no. 56 / 28(III)/99. /1999 2004. amending Law Law no. no. 12/1967. 58(I)/2004. Laws no. The combating 26(III)/ 2004 of racism and and no. 22 (II)/ other 2004. discrimination Equal (Commissioner) Treatment Law no. 59 / (Racial or 2004. Ethnic Origin) Law no Law no. 56 / 57(I)/2004 2004. amending Law Law no. no. 127(I)/2000. 58(I)/2004. Relevant Yes. No case-law No case-law No case-law jurisprudence Yiallourou v. found on this found on this found on this Evgenios subject. subject. subject. Nikolaou, (2001), Supreme Court of Cyprus, not published. EXPLANATORY NOTE CYPRUS / GENERAL OVERVIEW Cyprus has ratified most European and United Nations Conventions relating to discrimination. These include, for example, the Convention of New York on the Elimination of All Forms of Racial Discrimination in 1967 (Law no. 12/1967), the CoE Convention on Cybercrime and its additional protocol on criminalization of acts of a racist and xenophobic nature committed through computer systems (Laws no. -
Inter-Communal Contact and Exchange in Cyprus' Higher Education Institutions: Their Potential to Build Trust and Cooperation
08 HIGHER EDUCATION FOR PRINT.qxp_Layout 1 18/11/2019 2:43 PM Page 1 In all the years of search for a comprehensive settlement to reunify the island under Inter-Communal a bi-communal federal government, one unchanging fact – which also constitutes Contact and Exchange the main barrier to the negotiation process – has been the deep distrust between in Cyprus’ Higher the two sides. As part of a broader project which recognizes this fact, this thematic Education Institutions: report on Higher Education seeks to explore possible structures of genuine Their Potential to Build cooperation that may both alleviate distrust and foster substantial collaboration Trust and Cooperation across the dividing line promoting a logic of interdependence that can be constructive to peace building. This Report focuses on inter-communal contact and Gregoris Ioannou exchange in Cyprus’ Higher Education Institutions and its potential to build trust Sertac Sonan and cooperation. After a brief mapping of the Cyprus’ Higher Education field in the two parts of the island, the Report reviews the relevant international literature on universities as sites of cooperation, exchange and peace-culture-building in conflict ridden societies. Subsequently, some examples of past and existing academic cooperation in Cyprus are mentioned in the fields of research and teaching. The Report then discusses the obstacles, opportunities and possibilities that currently exist given the prevailing political as well as structural conditions. The Report is based on a series of anonymous interviews and focus groups with Greek Cypriot and Turkish Cypriot academics from various disciplines currently working in several universities across the dividing line. -
Converging Currents Custom and Human Rights in the Pacific
September 2006, Wellington, New Zealand | STUDY PAPER 17 CoNvERgiNg CURRENTS Custom and human rights in the paCifiC The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand. its purpose is to help achieve law that is just, principled, and accessible, and that reflects the heritage and aspirations of the peoples of New Zealand. The Commissioners are: Right Honourable Sir geoffrey Palmer – President Dr Warren Young – Deputy President Honourable Justice Eddie Durie Helen Aikman qC The Manager of the Law Commission is Brigid Corcoran The office of the Law Commission is at 89 The Terrace, Wellington Postal address: Po Box 2590, Wellington 6001, New Zealand Document Exchange Number: sp 23534 Telephone: (04) 473–3453, Facsimile: (04) 914–4760 Email: [email protected] internet: www.lawcom.govt.nz National Library of New Zealand Cataloguing-in-Publication Data New Zealand. Law Commission. Custom and human rights in the Pacific / Law Commission. (Study paper, 1174-9776 ; 17) iSBN 1-877316-08-3 1. Customary law—oceania. 2. Human rights—oceania. 3. Civil rights—oceania. i. Title. ii. Series: Study paper (New Zealand. Law Commission) 340.5295—dc 22 Study Paper/Law Commission, Wellington 2006 iSSN 1174-9776 iSBN 1-877316-08-3 This study paper may be cited as NZLC SP17 This study paper is also available on the internet at the Commission’s website: www.lawcom.govt.nz <http://www.lawcom.govt.nz> LawCommissionStudyPaper He Poroporoaki The New Zealand Law Commission acknowledges with deep regret the passing of two notable Pacific leaders shortly before the printing of this study, the Maori queen and the King of Tonga. -
The Cyprus Question and the Role of the UN: an Overall Assessment
The Cyprus Question and the Role of the UN: An Overall Assessment Andreas Theophanous Odysseas Christou Since its creation the Republic of Cyprus has had a very turbulent history. From the outset the geopolitical implications of the Treaty of Establishment, the Treaty of Alliance, and the Treaty of Guarantee on the one hand and the particular characteristics of the Cold War on the other were not fully understood. Domestic tensions as well as foreign interventions led eventually to the cataclysmic events of the summer of 1974. Fifty years after the establishment of the Republic of Cyprus, this island-state faces critical problems and multidimensional challenges.1 The greatest challenge remains the reestablishment of the territorial integrity and unity of the country. Prior to the Turkish invasion of 1974, the basis of the intercommunal negotiations revolved around the establishment of a unitary state with elements of local and communal, self-administration on issues of low level politics. Since the latter part of the 1970s, the model for the solution to the Cyprus problem, according to conventional orthodoxy, has essentially been a bizonal bicommunal federation.2 Yet despite successive and repeated rounds of intercommunal negotiations under the auspices of the UN and the support of the international community there has not been an agreement.3 In fact, the problem remains unresolved while the gap between the two sides is widening. Thus, it is not surprising that to the present day the bizonal bicommunal federation does not yet have a commonly accepted precise definition. Besides it is indeed doubtful whether the implementation of such a model could lead to stability and cooperation.4 Historical Background and Context Cyprus is the third largest island in the Mediterranean, located approximately 70 km to the south of Turkey. -
Report on Judicial Independence and Impartiality of in the Council Of
CCJE-BU(2017)11 Strasbourg, 7 February 2018 BUREAU OF THE CONSULTATIVE COUNCIL OF EUROPEAN JUDGES (CCJE) Report on judicial independence and impartiality in the Council of Europe member States in 2017 Prepared by the Bureau of the CCJE following the proposal of the Secretary General of the Council of Europe 1 TABLE OF CONTENTS List of abbreviations...............................................................................................................3 I. Introduction: scope, purpose and limitations of the report ............................................4 II. Overview of relevant European standards.......................................................................6 A. Functional independence: appointment and security of tenure of judges ..................6 B. Organisational independence: Councils for the Judiciary and the administration of courts.......................................................................................................................................7 C. Impartiality of judges, codes of ethics and professional conduct and disciplinary measures.................................................................................................................................9 D. The economic basis for the smooth functioning of the judicial system ....................10 E. Judges and media: public discussion and criticism of judges ...................................11 III. General issues concerning judicial independence and impartiality...........................13 IV. Country specific issues concerning -
Members of the Court of Justice of the European Union
Members of the Court of Justice of the European Union Caption: Curricula vitae of the Members of the Court of Justice of the European Union. Source: Court of Justice of the European Union. Court of Justice. Members. Presentation of the Members. [ON-LINE]. [Luxembourg]: Court of Justice of the European Union, [21.10.2010]. Disponible sur http://curia.europa.eu/jcms/jcms/Jo2_7026/. Copyright: (c) Court of Justice of the European Union URL: http://www.cvce.eu/obj/Members_of_the_Court_of_Justice_of_the_European_Union-en-8a53c934-14c5-40ee- bcca-a6da5d4457a5.html Publication date: 13/08/2011 1 / 10 13/08/2011 The Members of the Court of Justice of the European Union Name Curriculum vitae Vassilios Skouris Born in 1948; graduated in law from the Free University, Berlin (1970); awarded doctorate in constitutional and administrative law at Hamburg University (1973); Assistant Professor at Hamburg University (1972-77); Professor of Public Law at Bielefeld University (1978); Professor of Public Law at the University of Thessaloniki (1982); Minister of Internal Affairs (1989 and 1996); Member of the Administrative Board of the University of Crete (1983-87); Director of the Centre for International and European Economic Law, Thessaloniki (from 1997); President of the Greek Association for European Law (1992-94); Member of the Greek National Research Committee (1993-95); Member of the Higher Selection Board for Greek Civil Servants (1994-96); Member of the Academic Council of the Academy of European Law, Trier (from 1995); Member of the Administrative Board of the Greek National Judges' College (1995-96); Member of the Scientific Committee of the Ministry of Foreign Affairs (1997-99); President of the Greek Economic and Social Council in 1998; Judge at the Court of Justice since 8 June 1999; President of the Court of Justice since 7 October 2003. -
The Interpretative Challenges of International Adjudication Across the Common Law/Civil Law Divide
DOI: 10.7574/cjicl.03.02.196 Cambridge Journal of International and Comparative Law (3)1: 450–488 (2014) THE INTERPRETATIVE CHALLENGES OF INTERNATIONAL ADJUDICATION ACROSS THE COMMON LAW/CIVIL LAW DIVIDE Sir David Baragwanath* Abstract Interpretation is viewed, and the relationship between the interpretation and creation of international law is examined, from the standpoint of international adjudication across the common law/civil law divide. In cases where there is no settled principle, 'the highest standard of practical necessity' is proposed as the requirement for innovation.The jurisprudence of the Special Tribunal for Lebanon is considered in that light. Keywords Interpretation, adjudication, the Special Tribunal for Lebanon, common law, civil law We exist in order to win some measure of justice for the victims of massive crimes.1 1 Introduction Like disputes among states, criminality having serious consequences for human- ity is the kind of problem that requires and has increasingly given rise to inter- national law. Interpretation in international law requires a clear understanding of the issues at stake, the roles of decision-makers, the options available to them, and their consequences. This article examines the contributions to that topic of the common law and the civil law traditions, drawing upon a common lawyer's experience of the work of the Special Tribunal for Lebanon (STL), where both legal traditions have to work side by side to find common ground. It requires me to recall John Austin's remark that, for most of us, `[...] it is only a few systems with which it is possible to become acquainted, even imperfectly.'2 * President, Special Tribunal for Lebanon.