• Source: United Nations Security Council Resolution 541

Northern Cyprus declared its independence in 1983 with its official name being the Turkish Republic of Northern Cyprus (TRNC). It is recognized by Turkey.
With United Nations Security Council resolution 541, adopted on 18 November 1983, after reaffirming Resolution 365 (1974) and Resolution 367 (1975), the Council considered Northern Cyprus' decision to declare independence legally invalid.
It called upon both parties to cooperate with the Secretary-General, and urged other Member States not to recognize Northern Cyprus, while only recognizing the Republic of Cyprus as the sole authority on the island.
The resolution was adopted by 13 votes to one against (Pakistan) and one abstention from Jordan.




Relevant Court Cases


International law contains no prohibition on declarations of independence, and the recognition of a country is a political issue.




= International Courts

=
On 22 July 2010, The International Court of Justice (ICJ) stated in its advisory opinion on Kosovo's declaration of independence in 2010 that "the Security Council in an exceptional character attached illegality to the DOI of TRNC because it was, or would have been connected with the unlawful use of force" and "general international law contains no applicable prohibition of declarations of independence".
The ICJ's ruling was expected to bolster demands for recognition by Northern Cyprus. The decision of the ICJ has also been regarded as opening more potential options for the TRNC to gain international legitimacy.
On 2 July 2013, The European Court of Human Rights (ECtHR) decided that "...notwithstanding the lack of international recognition of the regime in the northern area, a de facto recognition of its acts may be rendered necessary for practical purposes. Thus the adoption by the authorities of the "TRNC" of civil, administrative or criminal law measures, and their application or enforcement within that territory, may be regarded as having a legal basis in domestic law for the purposes of the Convention".
On 2 September 2015, The European Court of Human Rights (ECtHR) decided that "...the court system set up in the "TRNC" was to be considered to have been "established by law" with reference to the "constitutional and legal basis" on which it operated, and it has not accepted the allegation that the "TRNC" courts as a whole lacked independence and/or impartiality".




= Courts of Countries

=
On 9 October 2014, the Federal Court of the United States (USA) stated that "the TRNC purportedly operates as a democratic republic with a president, prime minister, legislature and judiciary".
On 3 February 2017, The United Kingdom's High Court stated "There was no duty in the United Kingdom law upon the Government to refrain from recognizing Northern Cyprus. The United Nations itself works with Northern Cyprus law enforcement agencies and facilitates co-operation between the two parts of the island". and revealed that the co-operation between the United Kingdom police and law agencies in Northern Cyprus is legal.




See also



Cyprus dispute
List of United Nations Security Council Resolutions 501 to 600 (1982–1987)
United Nations Buffer Zone in Cyprus
Turkish invasion of Cyprus
United Nations Security Council Resolution 550




References






External links


Works related to United Nations Security Council Resolution 541 at Wikisource
Text of Resolution

Kata Kunci Pencarian:

• Negara berdaulat
• Resolusi 1711 Dewan Keamanan Perserikatan Bangsa-Bangsa
• Resolusi 1413 Dewan Keamanan Perserikatan Bangsa-Bangsa
• Tanzania
• Sengketa Siprus
• Indonesia
• 153 (angka)
• Argentina
• United Nations Security Council Resolution 541
• Lists of United Nations Security Council resolutions
• United Nations Security Council Resolution 550
• List of United Nations Security Council resolutions concerning Cyprus
• Expulsion from the United Nations
• United Nations Security Council Resolution 536
• United Nations Security Council Resolution 789
• United Nations Security Council Resolution 538
• United Nations Security Council Resolution 529
• United Nations Security Council Resolution 542