CopperLine wrote:DT and Andros make an interesting point about whether before a new entity comes into being both of the predecessor entities have to be 'recognised.' The answer is surely no. It is not a chicken and egg problem.
It is quite possible for a new legal entity to incorporate entities which had no previous legal identity or unrecognised status. As far as I can tell the issue is largely one of whether the new entity is wholly new and owes little or nothing to its predecessor entities, or whether the new entity seeks to integrate and incorporate provisions of the predecessor entities.
Metaphorically speaking, in principle though the flag/s of the old entities could be lowered at 24.00 hours midnight and the new flag of the new entity could be raised at 00.00 hours midnight. (Personally I'd ditch flags of any kind; more trouble than their worth).
CopperLine, could you please elaborate as to how you understand or envision a solution of the Cyprus issue under a BBF to possibly emerge? Is it going to be an evolution of the existing RoC, or is it going to be a wholly new legal entity?
I remind you that in the case of a wholly new legal entity emerging, without owing anything to the existing and fully recognized (with the exception of Turkey) RoC, i.e. the new entity is not a successor of the RoC; it means that (at least as far as the EU is concerned,) a cancellation or amendment of the existing treaty of accession between Cyprus and the EU is needed, and this requires the signature of all 27 members states and their parliaments –including that of the RoC, and a new accession process to go through and a new treaty of accession to be signed by all the existing EU member states, this time with the new legal entity in Cyprus.
Do you believe the GC side will ever sign a solution deal which will require themselves and the RoC to go through all these? Furthermore, do you believe the EU, (its institutions and its bureaucracy,) and all the 27 EU member states (governments and parliaments,) are willing to go through such a hassle, 5 years after Cyprus has already been a member of the EU and has undertaken so many commitments already, and signed so many agreements that will all need to be changed? Do you realize what this means?
Furthermore, if an entirely new legal entity will take over Cyprus, without this being a successor of the RoC, what happens to all the hundreds of international legal obligations, international treaties, international loans and World Bank and EU bank deposits, and EU loans and commitments already undertaken or EU surplus payments made by the RoC, during its past 50 years of its life? Do you also realize that the RoC, besides an EU member state, since this year is also a member of the Economic and monetary Union of the EU, which means that it also co-decides on the fait of the Euro and the EU's monetary policy? Do you realize what this means?
I know your secret wish (and please no need to deny this) is for the GC side to "buy" into the Turkish wishes, as to how a solution to the Cyprus issue should emerge, i.e. dissolution and abandonment of the RoC, and creation of an entirely new international legal entity, via "virgin-birth," on the basis of a partnership between two imaginary ethnic states, a GC one in the south and a TC in one the north, however, do you seriously believe that after considering all the above, such a thing is possible and logically feasible? Let's see how pragmatic you are, and how much you understand about international law and politics!