Taner Erginel said that the issue of direct flights to the TRNC ‘was a life and death struggle for the Turkish Cypriot people, because it would foster mass economic development in the country.’
Asked as to whether there was a ‘legal obstacle’ to direct flights, Erginel said: ‘there was indeed no legal obstacle. The Chicago convention is the only international agreement which regulates commercial air traffic.
According to the basic Articles and the foreword of the Convention, the ‘State’ must have complete and exclusive sovereignty over the air space of its territory.’
Erginel said, therefore, that the Greek Cypriots could not have a say over Ercan Airport, because they did not have any jurisdiction over the Airport or over the air space of Northern Cyprus.
Erginel said that ‘the Greek Cypriots claim that they are a contracting state in the Convention, and therefore have a say over the whole of the airspace of Cyprus.
However, when one examines the provisions of the Convention, it can be seen that no regulation over the territory of the air space is provided.’
Moreover, the Convention does not stipulate that only ‘recognized states’ may benefit from the Convention, but rather that ‘every state has complete and exclusive sovereignty over its territory and airspace… which means that whoever exercises sovereignty over a territory, could also exercise sovereignty to the airspace above it’ he said.Erginel told Cyprus Star the latest developments with regards to the direct flights isolation to Ercan International Airport.
The Former Chief Justice said: ‘the latest situation on the direct flight issue is that application had been made by Cyprus Turkish Airlines to commence direct flights from Northern Cyprus to the UK, and the refused of the British Government.’
Whilst referring to the court hearing, Erginel remarked that the ‘hearing at the English High Court will be heard in February, where an application has been brought by the Airline against the British Transport Minister.
I anticipate that we will definitely with this case, as there are no legal grounds and no reasons as to why the British Government has not allowed for this to happen.Furthermore, UK officials and the EU had openly said Ercan would be open to international air traffic, because they knew there were no real legal obstacles. Once we win this case in February, I am sure other countries will follow suit’ he said.”