Piratis has inadvertently hit the nail on the head when he wrote
We decide which are the valid ports of entry to our own country and nobody else.
Exactly ! Who permits shipping in and out of ports, in and out of territorial waters, is a matter of
national law,
not international law. When
Get Real et. al. bang on about the International Maritime Organisation (clue :
organisation, not
law or
treaty) or the UNCLOS they are leagues off target. Maritime law is basically about safety at sea, about environmental protection, about communication at sea, about incidents at sea, about obligations to other vessels, etc, or about demarcation of waters, about exploitation rights of the seabed etc. It is
not about the use of ports. To confuse them in this way is like confusing a divorce court with a tax court.
Piratis' harrumphing and tub-thumping happens to be in tune with laws about ports. Port use is subject to national law. One state's laws about what kind of vessel can enter and leave its ports may well be different from that of another state. For example, single-hulled liquid tanker vessels are prohibited from entering UK and Dutch ports, but they are allowed into Estonia and Gibralatar. There is no international law on this (though there are efforts at standardisation and harmonisation); it is a matter of national discretion.
Thus for RoC use of, say, Famagusta by any vessel is illegal. Why ? Because for the RoC everything - and I mean everything - is derivative of the basic claim of the illegality of the TRNC. But the use of Famagusta by any foreign vessel is not a breach of international law, just a breach of the law of Cyprus. Those who insist that it is a breach of international law are going to have to point to which international law the vessel owners/operators are actually breaking. If it was so clear you'd think that we'd have been firmly reminded of which law international law is being broken, yes ? But we haven't. No one as far as I have seen has actually been able to say 'Look, it is Article X, in Treaty Y which has been broken by Respondent Z'
So what is actually being broken is not international law but RoC law. Fair enough, a national (municipal law) is being broken and those accused could be brought to law in Cyprus, that is within the jurisdiction of Cyprus. That being the case, I ask a simple question about the RoC enforcing its own laws : how many international shipping owner/operators have actually been prosecuted through the Cyprus courts for using Famagusta (or any other north Cyprus port, including airports) ? I don't know the answer to this but I'd be intrigued to know. If, let's say, the answer is less than 10 or so in 34 years - and I suspect it would be around that figure, if not less - what have international shipping operators got to fear in opening up services to Famagusta ?
(I think Kikapu has the answer to that. The reason that shipping operators don't all rush to Famagusta is NOT because of the alleged 'illegality' or fear of prosecution, it is because the economy of north Cyprus is tiny and it is simply not economically worth while starting services there)