Originality and Legal Framework of the Immovable Property Commission in TRNC: Tendencies Towards Neo-Liberalism

Abstract

The Immovable Property Commission of the Turkish Republic of Northern Cyprus has been considered as a lawful domestic remedy by the European Court of Human Rights despite the lack of recognition by the United Nations and the international community of the entity which created it. This denotes that property overcame traditional international legal considerations and that economically driven legal decisions, even in politically locked situations, might be linked to a neo-liberal transformation. First, we will analyze the legal framework of the Immovable Property Commission, which can be done only through and after a brief study of the relevant domestic and international legal environments. Then we will consider the concept of property, which exceeds domesticity as well as the statu quo situation in the island. We will finally discuss the internationalizing aspect of property right in light of the neo-liberal transformation, and some pertaining theoretical aspects, which will allow us to paint a portrait of the originality of the Immovable Property Commission.

Keywords: Cyprus Issue, International Property Right, European Court of Human Rights, Neo-Liberalism, Domestic Remedies