Still Unrecognized State “Turkish Republic of Northern Cyprus” in the Context of the Cyprus Negotiations: Status of the TRNC’ Court Decisions


  •  Ayhan Dolunay    
  •  Fevzi Kasap    

Abstract

The issue of the recognition of the TRNC brings specific constraints because of the influence of the Cyprus peace talks, which have been ongoing for 50 years. After the new era started in 2014, the TRNC authorities’ efforts to reach an agreement and their struggle to make the TRNC recognized have been obstructed by barriers placed by the southern Cyprus administration. Each of the sides in the peace talks approaches each other’s demands positively or negatively. One of the other important problems is whether the decisions given by the TRNC Courts would create an effect like the court decisions given by the courts of any recognized states or not. In order for the court decisions of the TRNC judiciary to have the necessary effects, the TRNC must become effectively an equal on the negotiation table and a directly recognized state. Turkey has enabled the TRNC judiciary decisions to have an effect in Turkey by signing protocols with the TRNC, but what is the status of related court decisions in other countries? In this framework, this study aims to analyse the court decisions in other unrecognized states via the document analysis method. According to the findings, the TRNC’s judiciary decisions can have an effect in other countries. Additionally, the TRNC is a recognized state at least in a limited (indirect) manner and has political equality, but this needs to be improved further via direct recognition.



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