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Thread: Will there be a challenge to the WA?
I could never understand why the government put forward a treaty which contained a clause that separated GB from NI. The Tories are officially named the Conservative & Unionist Party, and the DUP have traditionally supported...
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I could never understand why the government put forward a treaty which contained a clause that separated GB from NI. The Tories are officially named the Conservative & Unionist Party, and the DUP have traditionally supported...
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them at different times in the past. Even Theresa the Appeaser couldn’t countenance the idea of a border in the Irish Sea. As surprising was the fact that the ERG voted for it.
Article 184 of the WA states that the EU and UK “…shall use their best endeavours, in good...
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Article 184 of the WA states that the EU and UK “…shall use their best endeavours, in good...
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faith and in full respect of their respective legal orders…”
There have been a few references lately from government ministers and others highlighting how the UK is negotiating in good faith, the inference being that the other side isn’t.
Section 38(3) of the European...
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There have been a few references lately from government ministers and others highlighting how the UK is negotiating in good faith, the inference being that the other side isn’t.
Section 38(3) of the European...
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Union (Withdrawal Agreement) Act 2020 which enacted that Treaty states “…nothing in this Act derogates from the sovereignty of the Parliament…”
That principle was famously asserted by Gina Miller in her 2017 Supreme Court victory, and was even referenced by the AG Suella...
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That principle was famously asserted by Gina Miller in her 2017 Supreme Court victory, and was even referenced by the AG Suella...
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Braverman, when the legality of the Internal Markets Bill was discussed.
It has previously been reported that a challenge could be made under Article 60 of the Vienna Convention.
Article 60(1) states “A material breach of a bilateral treaty by one of the parties entitles...
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It has previously been reported that a challenge could be made under Article 60 of the Vienna Convention.
Article 60(1) states “A material breach of a bilateral treaty by one of the parties entitles...
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the other to invoke the breach as a ground for terminating the treaty or suspending its operation in whole or in part.”
The bar for invoking Article 60(1) seems to be quite high, but if the UK challenged the validity of the WA and denounced it, there may be another hurdle...
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The bar for invoking Article 60(1) seems to be quite high, but if the UK challenged the validity of the WA and denounced it, there may be another hurdle...
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for the EU to overcome if they wanted to contest the UKs right to depart from it.
So the pathway to a challenge seems to exist, the question is whether such a challenge would be successful.
The adjudicator for the Vienna Convention is the International Court of Justice, a...
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So the pathway to a challenge seems to exist, the question is whether such a challenge would be successful.
The adjudicator for the Vienna Convention is the International Court of Justice, a...
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UN body. In order to bring a case before the ICJ, the complainant needs to be a state. The EU is not a state and furthermore is not listed by the ICJ as being entitled to bring a case. The UK is, but in this scenario they would obviously not seek to bring a case. The...
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other EU member states are similarly entitled to bring a case but they did not sign the treaty, the EU did.
Of course were this scenario to play out in this way, the EU would be (justifiably) annoyed, and it does nothing to foster trust between the UK and the EU going...
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Of course were this scenario to play out in this way, the EU would be (justifiably) annoyed, and it does nothing to foster trust between the UK and the EU going...
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forward. It would make the EUs fury over the IMB look trivial.If there is no WA, then there is no NI Protocol. In that scenario, the UK remains intact and the other concessions the UK made in that treaty would be nullified. The EU for its part would either have to...
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introduce checks on goods moving in and out of the RoI, or else surrender the integrity of its Single Market. Any attempt at erecting a hard border would fail. Not only does it threaten the GFA, but there are more crossing points on that one 310 mile border than in the...
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rest of the EU, and we couldn’t manage to do that with the army. Added to that pretty much everyone wants it left open.
Just a thought. Something convinced the ERG to support the WA and throw NI under a bus.
I’m barking up a tree – it might be the wrong...
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Just a thought. Something convinced the ERG to support the WA and throw NI under a bus.
I’m barking up a tree – it might be the wrong...
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one.
We’ve just heard the outcome of the Boris-VDL phone call this morning, and surprise surprise they are going to keep talking. It shows good faith and best endeavours.
This hypothesis needs a No Deal outcome to even be a viable one. It's risky not telling people and...
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We’ve just heard the outcome of the Boris-VDL phone call this morning, and surprise surprise they are going to keep talking. It shows good faith and best endeavours.
This hypothesis needs a No Deal outcome to even be a viable one. It's risky not telling people and...
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businesses the outcome well in advance and giving them little time to prepare.
As I recall, the ERG were furiously against the deal, then had a private meeting with Boris and got behind it.
Was this the Tory party being boxed in by the remainer Parliament under Bercow...
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As I recall, the ERG were furiously against the deal, then had a private meeting with Boris and got behind it.
Was this the Tory party being boxed in by the remainer Parliament under Bercow...
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and the resultant Surrender Act?
Did they campaign a year ago on getting Brexit done, accepting that it was necessary to lose the battle in order to win the war?
We will see...
15/end
Did they campaign a year ago on getting Brexit done, accepting that it was necessary to lose the battle in order to win the war?
We will see...
15/end
