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R v. Minister of Agriculture, Fisheries and Food, ex parte S. P. Anastasiou (Pissouri) ltd and Others

France.  05 July 1994 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

States — Existence of State — Recognition — Policy of non-recognition — Effects — Turkish Republic of Northern Cyprus — Republic of Cyprus recognized as comprising whole island of Cyprus — Status of northern Cyprus following Turkish intervention in 1974 — De facto partition of island

Governments — Government of unrecognized entity — Governmental acts — Issue of certificates establishing origin of products — Issue of health certificates — Certificates issued by officials of unrecognized entity — Whether acceptable — Consequences of non-recognition — Namibia principle — Acceptance of certificates requiring degree of administrative co-operation with authorities of issuing government — Whether such co-operation can exist with unrecognized entity — Turkish Republic of Northern Cyprus

Recognition — Non-recognition — Effects — Turkish Republic of Northern Cyprus — Security Council Resolution 541 (1983) calling on States not to recognize — Non-recognition by States of European Community — Whether precluding all co-operation at practical level — Whether precluding acceptance of certificates issued by officials of Turkish Republic of Northern Cyprus

International organizations — United Nations — Security Council — Effects of Security Council resolutions — Security Council Resolution 541 (1983) calling on States not to recognize the Turkish Republic of Northern Cyprus — Effects — Namibia principle

Economics, trade and finance — European Community — Association Agreement between European Community and Republic of Cyprus, 1972 — Application following de facto partition of Cyprus — Imports of citrus fruit and potatoes from Cyprus into European Community — Requirement that imports be accompanied by movement certificates and phytosanitary certificates — Imports from northern Cyprus — United Kingdom practice of accepting certificates issued by Turkish Cypriot authorities in northern Cyprus — Whether compatible with Community law — Whether compatible with Association Agreement — Opposition of Republic of Cyprus — Whether exporters from Turkish Cypriot community north of the United Nations Buffer Zone able to obtain certificates from authorities of Republic of Cyprus — Principle of non-discrimination in Association Agreement

Treaties — Effect — Treaty concluded by European Community — Whether forming part of Community legal order — Whether possessing direct effect — Association Agreement between European Community and Republic of Cyprus, 1972 — Interpretation — Object and purpose — Subsequent practice — Subsequent practice of some Member States of Community and Commission — Republic of Cyprus disagreeing with interpretation of agreement — The law of the European Community

Type
Case Report
Copyright
© Cambridge University Press 1995

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