Stefan Talmon

Luftverkehr mit nicht anerkannten Staaten: Der Fall Nordzypern

Rubrik: Abhandlungen
Archiv des Völkerrechts (AVR)

Jahrgang 43 () / Heft 1, S. 1-42 (42)

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On 15 November 1983, the Turkish Cypriots unilaterally declared the creation of an independent State in northern Cyprus which had been occupied by Turkish troops since July 1974. The international community with the exception of Turkey, however, did not recognize the, Turkish Republic of Northern Cyprus' (TRNC) because of its creation contrary to international law. As a consequence of the non-recognition of the new State, the Turkish Cypriots have been politically and economically isolated ever since. Turkish Cypriot leaders have called for a long time for the establishment of direct flights to northern Cyprus as one of the most important measures to end the isolation of the Turkish Cypriot community. The Greek Cypriots, on the other hand, have argued that the operation of air services with northern Cyprus would violate international law. The article examines whether direct flights to the two airports in northern Cyprus are permissible under international law and whether the isolation of the Turkish Cypriots could be overcome by reopening Nicosia International Airport which is situated in the United Nations controlled buffer zone. It is concluded that, so long as the Government of the Republic of Cyprus is recognized by the international community as the government of the whole of Cyprus, the opening of aviation services with northern Cyprus will be permissible only with the consent, either express or implied, of that Government or on the basis of a binding resolution of the United Nations Security Council. Taking the operation of scheduled air services with the unrecognized Republic of China (Taiwan) as an example, the article shows how direct flights with northern Cyprus would have to be organized in order not to imply recognition of the TRNC as an independent State.

Stefan Talmon Geboren 1965; Studium der Rechtswissenschaft in Tübingen, München und Cambridge (LL.M., 1989); von 1991 bis 1995 Promotion an der Universität Oxford; 1995 Doctor of Philosophy (D.Phil.); 2002 Habilitation; 2003 Master of Arts (M.A.); 2003–11 University Lecturer, Reader ab 2008 Professor of Public International Law an der Universität Oxford. Seit 2011 Inhaber des Lehrstuhls für Öffentliches Recht, Völkerrecht und Europarecht an der Universität Bonn.