Private International Law Matters involving Non-Recognized States: The View from Cyprus

Abstract

This essay examines how private-law matters involving non-recognised States and territories under de facto administration from the post-Soviet space are dealt with in Cyprus – a jurisdiction of interest, whose approach is influenced by the existence of a Turkish-controlled de facto administration in its north. The chapter proposes a distinction between cases concerning the establishment of forum jurisdiction over a private party, cases which potentially involve the application of law, or legal actions, in or regarding, the contested space and cases in which the forum may be seen as called to acknowledge, explicitly or implicitly, the political entity itself. The article advocates an approach of principled pragmatism, which takes into account both the legitimate private interests and the political repercussions of any legal decision.

Keywords: Cyprus, jurisdiction to adjudicate, de facto administration, principled pragmatism, ius/factum distinction

JEL Classification: K12, K41, K40, K13,K33