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The Re-Institutionalisation Of The Principle Of Territorial Exclusion In Cyprus: A Component Of Differentiated Integration?

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Chapter Summary

Under international law, the Treaties apply "to all areas which are under the sovereignty or within the jurisdiction of the Member States", whereas each Community Treaty normally determines its scope of application. The creation of Protocol 3 appears a priori to derive from the application of the principle of territorial exclusion in Community law to the UK Sovereign British Bases (SBAs) in Cyprus, previously established in intergovernmental agreements following the accession of the UK to the European Community (EC) in 1973. Protocol 3 would therefore appear to be the reflection of a process of 're-institutionalisation' of the principle of territorial exclusion in view of Cyprus' accession to the European Union (EU) rather than of institutionalisation of this principle, which already took place at the international and Community level.

Keywords: Community law; Cyprus; European Community (EC); institutionalisation; international law; SBAs



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