The title of Ambassador Andreas Jacovides’ recent book, International Law and Diplomacy: Selected Writings, reflects the philosophy of a learned author that “international law and diplomacy interact and expertise in one can be of great relevance and usefulness in the conduct of the other”.
As a specialist in international law, Jacovides is well placed to write on the subject, and the book’s importance rests particularly on the fact that he has personally participated in the preparation of many of the subjects he writes about.
The Selected Writings (published by Martinus Nijhof, a well known publisher on international law) provide a rich array of various core aspects of international law
Dame Rosalyn Higgins, a world renowned authority in international law and former president of the International Court of Justice in The Hague, is a close friend and former classmate of the author from their time as students at Cambridge University. She spares no words in praising Jacovides’ knowledge of international law, as an academic, diplomat and practitioner. Higgins particularly emphasises his participation in a series of important preparatory committees of major significance, like the UN Committee on the Definition of Aggression, the Special Committee on the Review of the Charter, the Law of the Sea Conference, etc. All of us in Cyprus, of course, know his ambassadorial postings as an envoy of the Republic of Cyprus in a number of important capitals and major international organisations.
The two first main parts of the book are of particular interest: “International Law” and “Cyprus”. The first deals with matters such as state responsibility and the law of treaties. In these sections the author details the conflict between peremptory norms of international law with specific provisions of international treaties. There, in dealing with the Zurich and London Agreements, he touches upon the compatibility of the provisions of the Treaty of Guarantee with the rules of customary international law and the Charter of the UN relating to the use of force. He argues convincingly that any provisions jeopardising the independence and sovereignty of a state or any provisions, like Article IV that would be interpreted by any party as justifying use of force despite Articles 2 (4) and 103 of the UN Charter, are null and void.
Also of major importance in the light of Turkey’s recent objections to Cyprus drilling for hydrocarbons in its Exclusive Economic Zone (EEZ) is his handling of the Law of the Sea. In this Jacovides has had first hand knowledge, in particular on matters pertaining to the peaceful settlement of disputes in maritime conflicts and the connection with the UNCLOS, Law of the Sea Convention. He deals with the current issues of the Law of the Sea and their relevance to Cyprus. He dismisses the untenable position taken by Turkey, a country that has not even signed the UNCLOS which is a comprehensive codification of the international law of the seas, as it developed since the Rhodian code of the 3rd century BC and Hugo Grotius’s “De Mare Liberum” of 1648. He advises the Republic of Cyprus to declare “…that, while it has no doubt as to its legal rights in the EEZ, Cyprus is willing to test this before the International Court of Justice…” Because, he thinks, “…to go to court to assert your rights is the proper way to safeguard your rights…”
Jacovides’ book also deals with peace-keeping and terrorism. Of great interest is his article on “The Role of Small States and the Cyprus experience” in the context of UN peace-keeping. Both works are detailed and the remarks made on the role of the Security Council incisive and at the same time descriptive. They also contain the entire record of the involvement of UNFICYP in our country. He calls on both the Security Council and other powers to help resolve the problem for the benefit of all concerned, so that Cyprus “can be a bridge of peace instead of a bone of contention” in our region.
The book also contains chapters on Terrorism, International Law and Diplomacy, book reviews and shorter letters to editors of newspapers worldwide highlighting the problem of Cyprus and the intransigence of Turkey.
His observation in the chapter “Cyprus: Prospects of a Solution” is worth quoting at length. He says that an agreed solution of the problem requires compromise. “Over the years, I have stood for compromise and conciliation but within certain parameters so that the result, if not fair, would not be grossly unfair, and if not fully functional would not be evidently dysfunctional…”
I fully agree with the author on one statement relating to the role of international law: That such a role is often limited, but it is not insignificant. “…In certain cases where law coincides with power, law is determining – as we have witnessed in the [then] recent case of the Gulf War. In other cases, where law does not coincide with power, international law at least serves as a restraint on power by placing some constraints on its abuse by the strong and mighty and by providing the weak with arguments to buttress their position as well as international standards for third parties, not directly involved, to support these positions…” It should be added, however, that in some cases it does neither.
Andreas Jacovides’ book is an important contribution to the general literature of international law and is definitely worth reading, especially for us Cypriots, so that we may evaluate our position, our strong arguments and generally be guided in our pursuit of a solution to our long lasting problem.
I wish the author every success with his book and his continued contribution to diplomacy and the study of international law.
