CopperLine wrote:DT
The concern or fear of the circumstances of 'disbanding' the RoC are appreciated but, I think, not necessarily reflective of what actually happens in these circumstances of succession. At least we can say that from other recent examples. For example, with the end of the Soviet Union and the creation of the new sovereign republics there was not, let's say. and interval in which there was a vacuum of power or the absence of law. In day-to-day life most people would not know the difference to begin with. Assuming - and I agree it is a big assumption - that the parties had agreed to this kind of non-communal federal solution then the early days would I expect be much like the old days, followed gradually by experiences comparable to adopting the Euro - there is some confusion, there are some strange rumours, there are new habits to become accustomed to, but in a few months it becomes second nature and all rather unremarkable.
I wouldn't at all say that there is no risk in the moments leading up to a political-legal succession but I do think that the principal problems are (a) how do you get to that settlement proposal in the first place and (2) how do you harmonise, where necessary, legal liabilities and contracts thereafter. The moment of transition/succession is, in my view, less of a problem.
Incidentally, and very importantly, should there be a non-communal federal solution, the ECHR demands for a property commission to resolve outstanding property claims would still apply. In other words the successor entity would still have to ensure an effective local remedy to indvidual human rights complaints.
here lies the problem Copperline. The GCs have compromised a great deal with acceptance of a bicommunal bi-zonal federation...where they to compromise anymore as in the annan plan then the rewards would not outweigh the risks (no matter how great or small) of disbanding the ROC.