Cyprus issue in the framework of international law and European Union Law

Cyprus Issue In The Framework of International Law and European Union LawBahadır Bumin ÖZARSLANDokuz Eylül UniversityInstitute of Social SciencesDepartment of Public LawEuropean Union LawCyprus, one of the most strategic lands on the world, is an island on which thereis a lasting and unsolvable problem for years. Existing of two communities on the island,the tight links to their motherlands of these communities and the interests of thedeveloped states are the most important facts in this unsolution. The legal dimension ofthis problem is behind these conflicts and disputes.?Republic of Cyprus?, which is the unique agreed model up to now, has occuredin the result of 1959-1960 treaties. This state, which has a sui generis structure, has beenfounded in the result of the international treaties. Since the problem has manydimensions and many sides, this state has not some features of a classic state. This state,which has a limited sovereignty, and the founded regularity are under the guarantee ofthe guarantor states. Both communities are the partners of this state. Turkish Cypriots,which are less in number, are not in the statues of a minority. After this system, which isextended from 1960 to 1963, a permanent solution has not been provided yet. Someclaims about the legal invalidity have put forward to the treaties that occured the state.These claims are mostly aiming to realize some political purposes. They are far fromlegality and they are not believable.EU has been a side since 1990 in Cyprus problem. This process started with themembership application of Greek Cypriots to EU and was completed with themembership in 2004. EU didn?t take the 1959-1960 treaties into consideration andaccepted Grek Cypriots into EU, as the representative of whole island. The illegalmembership process according to the treaties at issue and the process of Turkey?scandidacy to EU, begining in 1999, has grown up isochronal. In the official documents ofEU about Turkey, it has also been touched on Cyprus problem. When the documents1are examined, it can be seen that more efforts have been expected for solution in Cyprusproblem from Turkey and TRNC. In spite of having accepted of ?ANNAN PLAN? byTRNC according to the demands of EU and contrarly having refused by Grek Cypriots,EU hasn?t changed her mono-side view. Considering less importance to the legaldimension of the problem is as efficient as EU?s mono-side view in remaining the Cyprusproblem unsolved. Also this study?s purpose is to take the effect of law intoconsideration in solving Cyprus problem.Key Words: 1) Cyprus 2) International Law 3) 1959-1960 Treaties4) European Union 5) European Union Law2