Suchergebnisse

The European Court of Human Rights (ECHR) in its recent decisions regarding the Cyprus problem such as the Loizidou v. Turkey and Case of Cyprus v. Turkey finds Turkey responsible for the current situation in the Island. According to the Court, Turkey violates the rights of the Greek Cypriots were living in the northern part of Cyprus before the military intervention of Turkey took place in 1974. Such violations include inhuman treatment of the families of missing Greek Cypriots, denying some 180.000 Greek Cypriots the right to return to their homes, failure to compensate for loss of property and interference with freedom of religion. Finding Turkey responsible instead of the Turkish Republic of Northern Cyprus (TRNC) is based upon the fact that the TRNC was not an independent State and not even recognised by the international community. This way of application of the rules of international law by the ECHR can be strongly criticised on the ground that it does not give any weight to the causes and effects of the events which took place in Cyprus in 1963 to 1974, and also to the factors which lead the Turkish Cypriots to establish their own independent States. When the recent history of Cyprus is examined it can clearly be seen that the legal status of the TRNC is not any less legal than its Greek Cypriot counterpart with regard to its statehood and recognition in international law. This paper examines the judgements of the ECHR in the light of the historical background of the Cyprus problem, and of the legal status of the TRNC in relation to its statehood and its non-recognition in international law.

International economic law -- New challenges and issues in international finance law -- Dispute settlement in international trade law -- Dispute settlement in international investment law

Throughout the twentieth century, the international community has witnessed many human rights violations that have also constituted violations of international humanitarian law. Two of the worst violations of human rights and of international humanitarian law occurred in the territories of the former Yugoslavia and in Rwanda in the last decade of the twentieth century. The large scale of killings, rape and other forms of sexual violence, 'ethnic cleansing', genocide and other types of crimes committed in these two regions of the world impelled the international community to bring those responsible for such crimes to justice. Thus, the UN Security Council established the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), acting under Chapter VII of the UN Charter in 1993 and in 1994 respectively. Implementing International Humanitarian Law examines the international humanitarian law rules and their application by the ad hoc tribunals with regard to the substantive laws of the ICTY and the ICTR.; The practice of the ICTY and the ICTR and their contribution to international humanitarian law, together with their possible impact on the ICC, is examined in light of the decisions rendered by the ad hoc tribunals and of the latest international humanitarian law instruments such as the 1996 ILC Draft Code of Crimes Against the Peace and Security of Mankind and the ICC Statute. Back Flap: (author pic here) Dr Yusuf Aksar is Assistant Professor of Public International Law at the Karadeniz Technical University Faculty of Economics and Administrative Sciences, Department of International Relations Trabzon-Turkey. After graduating from Ankara University Law Faculty, he preactised as a public prosecutor and judge candidate for the Ministry of Justice, specialising in criminal law. He was.