Cyprus-Forum.com

[Get Real!]

Is direct trade with the “TRNC” legal?

From “The World Trade Organization”…

“The World Trade Organization (WTO) is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The goal is to help producers of goods and services, exporters, and importers conduct their business.”

http://www.wto.org/english/thewto_e/wha ... atis_e.htm


As of the 23rd of July 2008, there were 153 members of the World Trade Organization, including Cyprus (30 July 1995) and Turkey (26 March 1995), and interestingly to this date there are 8 formal complaints lodged against Turkey by various countries and none against Cyprus.

http://www.wto.org/english/thewto_e/wha ... org6_e.htm


How to become a member of the WTO… Who can apply:

“Any state or customs territory having full autonomy in the conduct of its trade policies is eligible to accede to the WTO on terms agreed between it and WTO Members”. (Article XII of the WTO Agreement).”

http://www.wto.org/english/thewto_e/acc_e/acces_e.htm


So what does the term "Customs Territory" mean?

“Customs Territory is the territory in which the Customs law of a country applies in full. As a rule, the Customs territory of a country corresponds to its national territory including land, sea and air space. However, certain portions of the national territory may be excluded, e.g. free zones or the waters between the coastline and the country's territorial boundary at sea.”

http://www.gattiassociates.com/CM/FAQs/FAQs1715.asp


The “TRNC” is neither a recognized “state” nor a “country”, and as such cannot even establish membership with the World Trade Organization. Furthermore, the United Nations Commission on International Trade Law also makes clear on page 8 that...

“Members are selected from among States Members of the United Nations.”

http://www.uncitral.org/pdf/english/tex ... 650941.pdf


Regards, GR.

[utu]

Is Taiwan a WTO member?

[RichardB]

Asian Journal of WTO & International Health Law and Policy, Vol. 1, No. 2, pp. 401-432, September 2006

Abstract:
In contrast to other international organizations, the World Trade Organization does not require its members to be states. This constitutional feature has allowed Taiwan to join the WTO alongside China. As a result, the WTO is now the only major international organization in which Taiwan can participate as a full member.


http://ssrn.com/abstract=1019738

http://www.wto.org/english/news_e/news08_e/gproc_9dec08_e.htm

[Piratis]

Asian Journal of WTO & International Health Law and Policy, Vol. 1, No. 2, pp. 401-432, September 2006

Abstract:
In contrast to other international organizations, the World Trade Organization does not require its members to be states. This constitutional feature has allowed Taiwan to join the WTO alongside China. As a result, the WTO is now the only major international organization in which Taiwan can participate as a full member.


http://ssrn.com/abstract=1019738

http://www.wto.org/english/news_e/news08_e/gproc_9dec08_e.htm

Obviously they still have some criteria on whom they allow in and whom they don't.

Kurdistan was more chances for joining the WTO, than some pseudo state which is created by means of invasion and ethnic cleansing on stolen land.

[Get Real!]

Asian Journal of WTO & International Health Law and Policy, Vol. 1, No. 2, pp. 401-432, September 2006

Abstract:
In contrast to other international organizations, the World Trade Organization does not require its members to be states. This constitutional feature has allowed Taiwan to join the WTO alongside China. As a result, the WTO is now the only major international organization in which Taiwan can participate as a full member.


http://ssrn.com/abstract=1019738

http://www.wto.org/english/news_e/news08_e/gproc_9dec08_e.htm

The journal you quote is wrong to assume that the WTO does not require its members to be states as proven below...

“Any state or customs territory having full autonomy in the conduct of its trade policies is eligible to accede to the WTO on terms agreed between it and WTO Members”. (Article XII of the WTO Agreement).”

http://www.wto.org/english/thewto_e/acc_e/acces_e.htm

...and then correctly goes on to mention the unique situation for Taiwan; in fact so unique that technically, the Taiwanese government is the original Chinese government known as “The Republic of China” ousted by communism.

No such comparison can be made though for the “TRNC” which was illegally borne out of the violation of treaties and condemned by the UN.

[CopperLine]

Is direct trade with the “TRNC” legal?

Yes, if a state has no explicit policy against trading with the TRNC. No, if a state has an explicit policy against trading with the TRNC. The WTO is irrelevant to this question.

[kentish]

yawn yawn

[Get Real!]

Is direct trade with the “TRNC” legal?

Yes, if a state has no explicit policy against trading with the TRNC. No, if a state has an explicit policy against trading with the TRNC. The WTO is irrelevant to this question.

The World Trade Organization cannot possibly accept the “TRNC” as a member thereby rendering any WTO benefits useless to any WTO member who would be foolish enough to attempt it.

Second, the UN Commission on International Trade Law, has 60 odd members which cannot possibly violate any of the many UN trade conventions that come under this membership.

Finally, the EU cannot deliver direct trade regulations to the “TRNC” because the regulation does not have the correct legal basis due to provisions which are at odds with dealing with the “subordinate local administration of Turkey”, as the UN and EU refer to the “TRNC”, and if that’s not enough Cyprus can easily veto any attempts favorable to the “TRNC”.

So, any which way you look at it, any country worth trading with is bound to be a member of at least one of the above, and/or get entangled with issues in other international agreements pertaining to the MOVEMENT of goods; and I’m sure you know what I’m talking about here.

[Piratis]

Is direct trade with the “TRNC” legal?

Yes, if a state has no explicit policy against trading with the TRNC. No, if a state has an explicit policy against trading with the TRNC. The WTO is irrelevant to this question.

For all states (except Turkey) the "trnc" doesn't even exist as a state. So how can you have an explicit policy for not trading with something that doesn't event exist?

[RichardB]

GR wrote

The journal you quote is wrong to assume that the WTO does not require its members to be states as proven below...

“Any state or customs territory having full autonomy in the conduct of its trade policies is eligible to accede to the WTO on terms agreed between it and WTO Members”. (Article XII of the WTO Agreement).”

I would suggest that Taiwan as a customs territory (not as a state) which (your quote) has full autonomy in the conduct of its trade policies has been allowed in as a member for these reasons.

The trnc would never be allowed in for the same reasons (not having full autonomy)