THE CYPRUS EXPERIENCE

INTRODUCTION 5 of the political order and legal system of the Republic of Cyprus, which of course are premised on legality, domestic and international, and which have retained their legitimacy, validity and integrity despite the realities on the ground (which as a matter of fact confine the Republic’s political order and legal system to the non-occupied area of Cyprus)? Certain de facto, everyday and routine arrangements in the occupied area have received recognition and efficacy on the basis of the Namibia principle. 7 Indeed, this principle has been extended to cover not only ad hoc acts and trans- actions in the occupied area but also clearly unlawful institutions and pro- cesses (since they belong to and are operated by an illegal regime). How have such developments impacted on the legal system and political order of the Republic of Cyprus, whether from the viewpoint of the system itself or from the viewpoint of outsiders? Finally, there is the agreement of the two Cypriot Communities, Greek and Turkish Cypriot, to adopt a federal system of government, which will replace both the 1960 Constitution and what currently exists in Cyprus. Will the adoption and implementation of the federal system entail the extinction of the Republic of Cyprus and the emergence of a new State? Or will the Republic of Cyprus continue to exist and be the same legal person as the one which emerged in 1960 and was admitted to membership of the United Nations and of the European Union in 1960 and 2004 respectively? 8 Despite its continuing political problems, the Republic of Cyprus is now a full member of the European Union, having secured its accession during 2004. Thus, in addition to common law (in respect of most areas of civil and criminal law) and administrative law (as developed and practised in continental Europe), we now have what one might call European Law, pri- marily in the sense of the numerous Regulations and Directives emanating from the European Union which become an integral part of the municipal law of Cyprus. A new level of legal activity and a new type of legal dis- course have been added to what used to be the traditional Cypriot legal system. The result is that the Cypriot legal system has developed into a 7  ICJ Reports, 1971. The full title of this famous case is Advisory Opinion of the International Court of Justice as to the Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) Notwithstanding Security Council Resolution 276 (1970). 8  Some of these issues and problems have been addressed in my book Cyprus on the Edge , supra .