Welshwife information on WTO.
The WTO is not pretending to be anything other than an unelected body. It is a trade organisation that as it say's World Trade Organisation. It is not pretending to be a Country and control with regulations the "four freedoms" that bind into every trade agreement. Nor is it making all UK citizens into WTO citizens and issuing passports. Nor does it control who travels where.
^The UK’s status in the WTO after Brexit
Lorand Bartels* 23 September 2016^
Conclusion
To summarise, on the basis of the analysis offered here, the UK already today possesses full WTO rights and obligations under the WTO multilateral trade agreements, even if these are, at present, for the most part, exercised and performed on its behalf by the EU. In many respects it is not complicated to identify these rights and obligations, and this is particularly true of rights and obligations applicable erga omnes partes to all WTO Members (or categories of Members). There is a question concerning the territorial limitation in the UK’s GATS schedule, according to which the schedule only applies to EU territory, but it is argued, based on the ‘moving frontiers’ rule, that this limitation can be ignored in the UK’s new schedule.
Complications arise where the UK’s rights correspond to part of an obligation, determined on a quantified basis, that is currently set out in the EU and EU Member State schedules.
These EU and EU member schedules are currently being disconnected from the UK schedules.
This is the case for the EU’s right to subsidise agricultural production up to a set limit. It was suggested that the UK should adopt a subsidy commitment calculated by applying the UK:EU ratio of payments from the EU’s Common Agricultural Policy over the past three years to these commitments. As to the UK’s quantified obligations corresponding to the EU’s country-specific tariff rate quotas, it is likely that, in practice, quotas are likely to be established with relevant WTO Members by agreement, in accordance with Article XIII:2 of the GATT 1994. However, such agreements should be reached against the background of the fact that the UK currently possesses obligations with respect to these tariff rate quotas; it is just difficult to know what these obligations mean in practice. The real problem, however, is that regardless of how a quota might be determined, the EU-27 would have a right to access this quota under Article XIII:2. This would raise the possibility of a non- violation complaint, on the basis that at the time the quotas were agreed, they would exclude imports from other EU Member States. To forestall such a complaint, it was suggested that the UK could offer tariff rate quotas corresponding to recent imports, including from the EU-27, over a representative most likely three-year period.
As to the procedure to be followed, it was suggested that the UK should submit new schedules under Article II of the GATT 1994 and Article XX of the GATS, as other ‘changes’ and rectifications to the current EU schedule, in respect of itself and its territory. It is almost certain that other WTO Members will object to these schedules, but, importantly, these objections do not require the UK to enter into renegotiation of the UK’s entire schedule, as is sometimes thought to be the case*. *Other WTO Members hold no veto over the determination of the UK’s schedules or over its legal position within the WTO in any other respect*. *At most, objections might lead to arbitration on the value of a compensatory adjustment following an alleged modification of the UK’s services concession (which might be zero) ^and dispute settlement proceedings in respect of any given measure alleged to violate the UK’s commitments or that otherwise nullifies or impairs benefits under the GATT 1994 or the GATS. However, it is also submitted that the UK will be able to forestall any such proceedings by determining its tariff rate quota and subsidy commitments along the lines suggested here.
newsite.diplomaticlawguide.com/wp-content/uploads/2016/10/Lorand-Bartel-UK-WTO-Schedules-Paper-September-2016.pdf
This is a cut and paste. Cut meaning that it is not the full analysis, this part has been cut from the rest and then pasted on here. The link has the whole document. This might clear up one posters understanding of what 'cut' in these circumstances means.