Thermal stress

Krasner argues that robust States only cooperate if it means that they will preserve power; hence ‘cooperation after hegemony’.¹⁵⁷ This logic reflects the position of the Greek Cypriot community in relation to the current affairs in Cyprus; the EU is being irrational by ignoring the moral compass of the sufferance imposed upon the Turkish Cypriot community since the accession of the RoC.¹⁵⁸ Keohane claims that an international fora follows a certain ideology because it is in the best interest for all;¹⁵⁹nevertheless, rational choice institutionalists stipulate that the fora’s ideology is constrained by limited information, insufficient knowledge and institutional tension.¹⁶⁰

It should be noted that the EU will not always be a prolific conflict resolver.

Coppieters insinuated that because certain domestic opportunity frameworks of societies in conflict determine the efficiency of conditionality, the potential failure cannot be attributed to the EU.¹⁶¹ However, this does not negate the fact that if the EU gives way to inconsistencies, lacks lucidity and loyalty whilst setting qualitative criteria, this will cause a sense of enigma among actors party to the conflict. The Union could behave partially and demand conditionality to the disadvantage of the breakaway entity in order to avoid the impasse attributed to the increase of micro-states even though the Union is a follower of a common state model.¹⁶²

This thesis will explore a way that relevant actors can better ‘understand’ the Turkish Cypriot claim to authority in Cyprus and subsequently be more reactive to their needs.¹⁶³ The framework of the EU must encourage the ‘reconceptualisation of

157 Joseph M Ellis, ‘Neoliberal Institutionalism: A Summary and Critique’ (Political Science Resource Blog, 17 March 2006) <http://polisciprof.blogspot.com/2006/03/short-review-of-neoliberal.html> accessed 14 December 2014.

158 This will be further explained in the following chapters.

159 They ‘adjust their behavior to the anticipated preferences of others, through a process of policy coordination.’ Robert O Keohane, After Hegemony: Cooperation and Discord in the World Political Economy (Princeton University Press 1984) 51.

160 Kenneth A Shepsle, ‘Studying Institutions: Some Lessons from the Rational Choice Approach’

(1989) 1 Journal of Theoretical Politics 131,138-139.

161 Coppieters et al (n 78) 41.

162 Ibid 36-55.

See also Lucie Tunkrova and Pavel Saradin, The Politics of EU Accession: Turkish Challenges and Central European Experiences (Routledge 2010).

163 I would refer to myself as a pro-partitionist seeing as polarity does not simply represent the segregation of territory; it also obliterates security dilemmas. Horowitz remarked that ‘separating the antagonists—partition—is an option increasingly recommended for consideration where groups are territorially concentrated.’

Donald Horowitz, Ethnic Groups in Conflict (2^nd edn, University of California Press 2000) 589.

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territorial borders to trigger a “postmodernisation” of ethno-national secessionist conflicts.’¹⁶⁴ The EU-either intentionally or unintentionally- failed to utilise its framework during Cyprus’ pre-accession period in a way which could have manipulated discourses on both sides of the island to a greater degree; so what does the future hold for this distressed island and its people, in the EU? Given the political and historical causes of the legal anomalies that have come about as a result of the accession of a divided island into the Union, a legally ‘autistic’, seemingly depoliticised and extremely technical approach of the EU towards this problem is irrational.

164 Kaymak (n 58) 4.

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2.The Democratic Theory of Political Self-Determination & The Turkish Cypriot Community

Secession-the withdrawal from an existing, recognised State and its government- is a bid for independence. It’s a term that is highly problematic and at most times considered to have a negative connotation. With secession, you either stand on one side of the fence or the other. The most important questions with regards to secession are: ‘why and on what grounds is secession from an existing nation-state justifiable?

And ‘on what grounds are the existing power and authority justified to force secessionist movement to remain within the realm?’¹ Numerous cases of national struggle for independence and unification of sovereign countries have taken place throughout modern history; for instance, the Belgian independence (1830-1839) and the German and Italian unification (1870s) are popular European examples.² More recent examples of secessionist movements include those that have emerged from the collapse of the communist world. Thus, secession and self-determination are fundamental issues that need to be discussed in terms of political theory.

Political theorists tend to address the tensions between ethnos (the social community) and demos (the political community) within a State; the clash is due to the different roles a citizen will assume within each of these two categories. ‘In political theory, this distinction is important because it points to the universal principles of liberal democracy, on the one hand, and the particular claims of socio-cultural communities within the political community, or nation-state, on the other.’³ This problematic relationship has been offered several solutions, including the option of federalism and consociationalism and constitutional safeguards. These solutions, despite being workable, ignore the right of secession and whether it could be possible and justifiable in a given scenario. Evidently, there is no correct answer to this ongoing issue; there are simply options and throughout this thesis it will be

1Percy B Lehning (ed), Theories of Secession (Routledge 2005) VIII.

2 Ibid.

3 Ibid X.

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argued that the Turkish Cypriot community has the moral and political right to secede from the RoC according to Harry Beran’s democratic theory of political self-determination for a new world order. So, how does one decide whether it is right or wrong for a secession to take place? What events will make secession acceptable and expectable? Ethnic cleansing and genocide? the suspension of human rights? or simply the political desire of a community?

Beran’s theory is ‘formulated as a theory of moral right of political self-determination and secession that is consistent with democratic principles.’⁴ Beran believes that a comprehensive normative theory of political borders needs to provide a theoretical resolution for the peaceful settlement of all border disputes; ‘a theory of rightful secession can fully be plausible only as part of a comprehensive normative theory of borders.’⁵ The two imperative theories of morally rightful political borders are the nationalist and democratic theory of self-determination. The nationalist theory suggests that the right of political self-determination belongs to a nation.⁶ This thesis will be focusing on the latter option which states that democratically self-defined territorial groups possess the right to political unity- so long as it is voluntary. It is hard to argue that the democratic theory of self-determination has a lot of admirers and not many have made an attempt to elucidate its true colours as a theory for determining political boundaries. Nonetheless, the theory is about human rights; it is about the freedom of the normal adult to personal self-determination and classifies the State⁷ as a servant to individual citizens.⁸

This theory will use democratic principles to verify the rightfulness of the political boundaries and the unity of the State that tends to be taken for granted- such as the TRNC. A group has the right to freely determine its political status; the right of self-determination is definitely not a claim right; it is a liberty right as argued by Beran.

Thus, other entities and organisations are obliged to respect this right although they are not obliged to help and nurture the exercise of this right. Ipso facto, the EU is not

4 Harry Beran , ‘A Democratic Theory of Political Self-Determination for a New World Order’ in Percy B Lehning (ed), Theories of Secession (Routledge 2005) 33.

5 Ibid.

6Michael R Tomz, ‘The Morality of Secession’ (MPhil Thesis, University of Oxford Faculty of Social Studies 1994) 44.

7 A State in this context is a sovereign political entity such as the U.K., France, Germany. It can also refer to those that are also member to a confederation such as the EU.

8 Beran (n 4) 34.

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obliged to lend the TRNC a helping hand. There are a number of ways in which this right may be exercised; the group may decide to remain part of the State they are already part of; it can decide to slightly detach itself from the existing State, such as form a federation/confederation; or it can completely secede and even join another State. The two options which will occupy a position in this thesis are the concepts of secession and loose relationship with the existing State.

The central argument throughout this thesis is that the TRNC should be recognised internationally; hence,the secession of northern Cyprus should be permitted. As mentioned earlier, secession is a voluntary withdrawal of a substantial part of a State’s people from the existing State and its government. These people leave with their territory and the remainder of the territory stays within the authority of the existing State. Partition can be distinguished from secession; the former takes place when an existing State dissolves in to two or more novel States. The case of Cyprus can fall within both categories; however, this thesis will classify the situation on the island as secession.⁹ Unfortunately, it tends to be rare for such territorial changes to come about in a peaceful manner; most examples of secession are triggered by violence, as in the case of Cyprus.