Cyprus: An Obstacle on Turkey's Way to Europe

Chinese Journal of International Law, 2006

Oxford Legal Studies Research Paper No. 44/2006

Annuaire Fran├žais de Droit International, 2006

35 Pages Posted: 19 Sep 2006

See all articles by Stefan A. G. Talmon

Stefan A. G. Talmon

University of Bonn, Institute of Public International Law

Abstract

When the European Council in 2004 decided to open accession negotiations with Turkey, it linked Turkey's accession process with the Cyprus problem and made the signature of an Additional Protocol to the EC-Turkey Customs Union Agreement extending this Agreement to the ten new Member States of the Union, including the Republic of Cyprus, a precondition for the start of accession negotiations. Turkey which since 1963 has not been recognizing the Republic of Cyprus had to avoid everything that could be interpreted as a recognition of the Republic of Cyprus when concluding the Additional Protocol. This led Turkey in September 2005 to make a "Declaration on Cyprus" when signing the Protocol which, in turn, triggered a counter declaration by the European Community and its Member States. The two declarations do not qualify as reservations but are general statements of policy or, at best, interpretative declarations which do not have any effect on the substance of the Protocol and which are not binding upon the parties.

Suggested Citation

Talmon, Stefan A. G., Cyprus: An Obstacle on Turkey's Way to Europe. Chinese Journal of International Law, 2006; Oxford Legal Studies Research Paper No. 44/2006; Annuaire Fran├žais de Droit International, 2006. Available at SSRN: https://ssrn.com/abstract=931109

Stefan A. G. Talmon (Contact Author)

University of Bonn, Institute of Public International Law ( email )

Adenauerallee 24-42
D-53113 Bonn
Germany

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