rope. In those countries - which, it must be borne in mind, were internationally recognised States - there had been a long process of expropriation of property by nationalisation legislation and other legal means. These actions, which led to enormous property rearrangements in the countries concerned, cannot always be justified by simply referring to the fact that those States had been recognised by the international community at the relevant time.
On the other hand, Article 159 of the "TRNC" Constitution and certain other legal provisions cannot be completely set to one side as devoid of all effect merely on the basis of the international non-recognition of the entity in northern Cyprus. It is rightly said in paragraph 45 of the judgment that international law recognises the legitimacy of certain arrangements and transactions in such a situation the "effects of which can be ignored only to the detriment of the inhabitants of the territory". The full implications of this view, however, - as the recent and very different legal arrangements in the former communist States as regards property matters clearly show - are still very much open to interpretation. Nevertheless the principle has some application in the field of real property in a situation such as that pertaining in the "TRNC" where it can be said that the interests of the community required, if not necessitated, some form of regularisation. In my view it is open to the Court to have regard to this principle in the context of the dispute as to whether there is a continuing situation without endorsing or recognising the legitimacy of the totality of the property rearrangements effected by the "TRNC" in 1985.
Bearing in mind the de facto nature of the expropriation of the applicant's property up to 1985 as well as the relevant provisions of the 1985 Constitution affecting that property, I am unable to share the Court's opinion that the applicant's complaint concerns a continuing situation. Since the Court's jurisdiction only concerns matters occurring subsequent to 22 January 1990, the Government's objection ratione temporis must be considered to be well-founded.
DISSENTING OPINION OF JUDGE JAMBREK
I.
1. In its decision on the preliminary objections in the present case the Court joined to the merits the objection ratione temporis. It was of the opinion that the correct interpretation and application of the relevant restrictions raised difficult legal and factual questions which were closely connected to the merits of the case (paragraphs 103 and 104 of the judgment of 23 March 1995).
It follows that the Court had first to examine the applicant's allegations of a continuing violation of her property rights subsequent to 22 January 1990. That examination entailed an assessment as to whether the applicant could still be regarded as the legal owner of the land, which in turn depended upon a prior clarification of the manner in which the loss of her ownership occurred - or did not occur - before that date. In particular, did it occur by way of an instantaneous act, and if so, by which act, or did she lose her property as a result of a longer process, ending in an irreversible expropriation, possibly by virtue of Article 159 of the "TRNC" Constitution of 7 May 1985?
2. I was unable to subscribe to the finding of the majority of my colleagues that Mrs Loizidou cannot be deemed to have lost title to her property, and that she must therefore still be regarded as the legal owner of the land. On the other hand, after considering facts advanced by the applicant and by the respondent Government, and those found by the Court, I also remained unconvinced of the opposite view, namely, that she in fact lost title to her property. Consequently, and in doubt, I was unable to dismiss the preliminary objection ratione temporis.
3. For similar reasons I also remained in doubt as to w
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