Affiliated with the University of Nicosia | |||||
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THE LEGAL STATUS OF THE SOVEREIGN BASE AREAS IN CYPRUS By Achilleas C. Aimilianides
Department of Law, University of Nicosia
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According to article 2 § 2 of the
Treaty of Establishment, the Republic of Cyprus shall co – operate fully
with the United Kingdom, in order to ensure the security and effective
operation of such military Bases, as well as the full enjoyment by the
United Kingdom of the rights conferred by the Treaty. The legal status of
the SBAs was confirmed by Protocol 3 of the Treaty of Accession of the
Republic of Cyprus in the European Union, entitled ‘on
the Base Areas of the United Kingdom of Great Britain and Northern Ireland
in Cyprus’, where it is provided that the Treaty shall not apply to the
United Kingdom Sovereign Base Areas of Akrotiri and Dhekelia, except to the
extent necessary to ensure the implementation of the agreements set out in
the Protocol. A significant development which coincided with the accession
of Cyprus in the European Union, was, however, the decision of the British
Government to extend the application of the European Convention on Human
Rights to the SBAs with effect from 1st May 2004; since the
aforementioned development, all citizens of the Republic who live or go
through the SBAs ought to be able to enjoy the rights and freedoms that they
would have elsewhere in the island. Concluding, however, that the SBAs are a colony is not so
simple, since the Another approach would be to characterize the SBAs as
sui generis servitudes in favour of the It is submitted that the view
according to which ‘sovereignty’ over the SBAs equals to effective control
over military base areas is the correct one. It could therefore, be argued
that the SBAs could not have a right to territorial sea, since only states
can exercise such a right, according to international law. While article 3
of Annex A of the Treaty of Establishment provides that the Republic of
Cyprus shall not claim as part of its territorial sea, waters lying between
the four Lines described in the Annex, this has been interpreted as a
sui generis right of the Base
Areas to control some part of the territorial sea, as well as a
sui generis obligation of the
Republic of Cyprus to accept certain restrictions to the extent of its right
to territorial sea; the purpose of the aforementioned provision with regard
to territorial sea, was to safeguard free access to the territory controlled
by the SBAs and under no circumstances to accept that the British Base Areas
have a right to territorial sea. It is also suggested that the relevant
provisions of the Treaty of Establishment do not recognize a right of the
British Base Areas to continental shelf; such argument is strengthened by
the fact that the United Kingdom has not objected in any way to the
agreement between Cyprus and Egypt, which recognizes the right of the
Republic of Cyprus to continental shelf in the area, opposite to the SBAs. | |||||
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