Kifeas wrote:CopperLine wrote:Get Real,
May be you know the answer to these related questions : did the Republic of Cyprus demand the termination of the Treaty of Guarantee ? If so, when and how ?
Did the Republic of Turkey renounce the Treaty of Guarantee ? If so, when and how ? Did the UK renounce the Treaty of Guarantee ? If so, when and how ? Did the Republic of Greece renounce the Treaty of Guarantee ? If so, when and how ?
Why Copper should Cyprus demand the termination of the treaty, since anyway its provisions that are in conflict with the UN Charter, are by default been rendered invalid?
Kifeas
Unless an international treaty/agreement is time-limited i.e, it is specified in the terms of the agreement itself it is assumed and it is treated as if it continues to have force for an indeterminate period.
The T of Guarantee is not time limited. Unless expressly rejected by one or more of the parties then the terms of the T still obtain. (Hence my questions to Get Real). That some important conditions have changed since 1959 does not render the treaty void and, contrary to what Get Real wrote, just because the treaty has been broken - even dramatically so by one or more of its parties - does not 'automatically terminate' it. There are numerous agreements which are broken daily eg trade law, IP law, human rights law (!!!) which categorically does not 'terminate' its application.
Variations to a treaty/agreement (that is, how to vary the terms of a treaty) is usually now specified in the original treaty itself. However this practice only became common from the late 1960s onwards. The 1968 Vienna Convention codifies treaty law.
As Get Real says, Article 60 of that Convention is one of the pertinent Articles for this question, but he misreads it and thereby mistakes the conclusion. The Article's key word are "entitles .... to invoke...." It does not say 'automatically'. In other words a party to the treaty must actively invoke its termination or suspension. Hence, again, my question to Get Real : when did Greece, Turkey or UK invoke its/their entitlement to terminate or suspend the T of Guarantee ? Have any of the parties actually done this ?
And RoC which is not a party but is clearly affected by the T. - has it formally denounced the T of Guarantee ?