114 CYPRUS v. TURKEY JUDGMENT – PARTLY DISSENTING OPINION OF JUDGE FUAD be restored to them. The full impact of the majority decision must be confronted: it goes far beyond matters of compensation and condemnation. 12. Events over the past thirty years or so have shown that despite the devoted and unremitting efforts of the United Nations (through successive holders of the office of Secretary-General and members of their staff), other organisations and friendly governments, a solution acceptable to both sides has not been found. This is surely an indication of the complexity and difficulty of the Cyprus problem. These efforts continue: talks were in progress in New York as the Court was sitting. 13. Sadly, it may be that when a solution is ultimately found it will be one that fails to satisfy the understandable desire of every Cypriot to return to his or her home and fields, etc. The Secretary-General, looking ahead, has realistically faced this possibility. For example, as long ago as 1992, he included this paragraph in his Set of Ideas: “Other areas under Greek-Cypriot and Turkish-Cypriot administration. Each community will establish an agency to deal with all matters related to displaced persons. The ownership of the property of displaced persons, in respect of which those persons seek compensation, will be transferred to the ownership of the community in which the property is located. To this end, all titles of properties will be exchanged on a global communal basis between the two agencies at the 1974 value plus inflation. Displaced persons will be compensated by the agency of their community from funds obtained from the sale of the properties transferred to the agency, or through the exchange of property. The shortfall in funds necessary for compensation will be covered by the federal government from a compensation fund obtained from various possible sources such as windfall taxes on the increased value of transferred properties following the overall agreement, and savings from defence spending. Government and international organisations will also be invited to contribute to the compensation fund. In this connection, the option of long-term leasing and other commercial arrangements may also be considered. Persons from both communities who in 1974 resided and/or owned property in the federated State administered by the other community or their heirs will be able to file compensation claims. Persons belonging to the Turkish-Cypriot community who were displaced after December 1963 or their heirs may also file claims.” 14. More recently, the Secretary-General issued a statement to each side (which was published in the press) at the November 2000 round of proximity talks in Geneva. His statement includes the following paragraph: “Concerning property, we must recognise that there are considerations of international law to which we must give weight. The solution must withstand legal challenge. The legal rights which people have to their property must be respected. At the same time, I believe that a solution should carefully regulate the exercise of these rights so as to safeguard the character of the 'component States'. Meeting these principles will require an appropriate combination of reinstatement, exchange and compensation. For a period of time to be established by agreement, there may be limits on the number of Greek Cypriots establishing residence in the north and Turkish Cypriots establishing residence in the south. It is worth mentioning in this context that the criteria, form and nature of regulation of property rights will also have a bearing on the extent of territorial adjustment, and vice versa.”