text: even-handed mannerthesubstantive legalrequirements towhichithaditself made reference; italsofailedtoadheretothestandard ofequaltreatment thatithad repeatedly affirmed initsuse,inrelation tothenegotiations between thetwo sides,ofthewordslionanequalfootingtl • 39.Inshort,iftheSecurity Council hadtakenawhole(asopposed toan incomplete) viewofthesituation in1983,itshouldnothavefoundthattheTRNC Declaration was"incompatible" withthe1960Treaty ofEstablishment without also having foundthattheconduct oftheGreekCypriot community hadfortheprevious 20yearsbeen"incompatible" withthe1960settlement and,moreover, thatitwas thatconduct oftheGreekCypriot community thathadleddirectly tothereaction oftheTurkish Cypriot community. Therecanbenolegalbasisforholding one partytothetermsofanagreement without predicating therequirement ofanequal degreeofcompliance bytheother. Thereshould berecalled inthisconnection the statement bytheInternational CourtofJustice intheNamibia Advisory Opinion (ICJReports 1971,atp.46)ofwhatittermed "oneofthefundamental principles" governing theinternational relationship involved there: " apartywhichdisowns ordoesnotfulfilitsownobligations cannotbe recognized asretaining t~erightswhichitclaimstoderive fromthe relationship". Thatstatement isequally applicable totheCyprussituation. 40.Thefailure oftheSecurity Council toconform tothesebasicandcontrolling legalconsiderations undermines comprehensively therationality andpersuasiveness ofitsresolutions and,hence,thelegalworthofthoseresolutions. Thefactthat seVeDyearshavepassed sincetheadoption ofthoseresolutions cannot serveto validate theunsound legalapproach thenadopted. Thereisnothing toprevent the Security Council fromnowendeavouring toputmatters rightbyseeking tomatchthe approach adopted inthesetworesolutions totheundoubted historical facts;indeed everylegalconsideration militates infavouroftheadoption bytheSecurity Council ofamoreprincipled position thatwouldmakeapositive contribution to thesettlement ofthequestion. namely, theretraction ofitsdenialofthe legality andvalidity oftheactionoftheTurkish Cypriot community andofits calltorefrain fromrecognitivn oftheTRNC. ~/ /... Digitized by Dag Hammarskjöld Libraryal44,t968 s/ 2L463 Engl ish Page 14 (b) "The 1960 Treaty of Guarantee" 41. Security Council resotution 541 (f983) also refers to the inconpatibility of the Aurkish Cypriot action with the 1960 Treaty of Guarantee. A11 the observations rnade above regarding the 1960 Treaty of Establishment are equal'ly aPPlicable to this Treaty. r! adtlitiol, ho$ever, it is appropriate to note that this Treaty, even more expressly than the ?reaty of Establishment, gives international standinq to the Basic SCructure and the Constitution of 1960. Thus, in the Preamble, the Parties state the consideration "that the recognicion and mainteraDce of the iudaPendetrce, territorial iategrity aad security of the Republic of ClPrus, as estsablishedl and regulateal bv the Basic Artictes of its Constitution, are in their connon interest". The reason for giving ernphasis in the ptrrase just quoted to the words "as
analysis: This text appears to be a legal document or a statement on international relations, specifically regarding the conflict in Cyprus. It discusses the Security Council's resolutions and the legal requirements that were not met, as well as the historical context of the situation. The text also references international law and the principles of equal treatment and non-recognition of a party that disowns its obligations. Given the focus on international law and the conflict in Cyprus, it is likely that the category is related to international relations or diplomacy.