Sovereignty as a dual-use weapon. A very short thread. Sovereignty is again much talked about regarding the EU-UK deal. /1
But (as previously discussed) sovereignty is a poor fit for detail (and detail is not really published nor do a lot of people do that sort of thing). E.g. enforcement is about sovereignty, yes, but every FTA and indeed many other agreements have enforcement provisions. /2
So "sovereignty" is short-hand for "we want less in that regard" (because "we want none" would mean that the UK would have to get out of the WTO and all of its new FTAs, so I don't think anyone means "we want none").
At the end of the day, when the deal is done, the sovereignty discussion can turn either way: "we cannot have this" or "great, our insistence on sovereignty won the day". Which way will it turn?
That's really hard to predict. Hence the dual use weapon.

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More from @hhesterm

5 Dec
Two observations on public awareness of the Brexit debate and their impact on what can be done. (Thread)
1) The public - even an expert legal public - is not aware just how broad FTAs have become. /2
This includes enormously qualified outstanding lawyers - including judges in apex courts. International law already is a specialized field, international trade law is a specialty within a specialty. /3
Read 7 tweets
2 Dec
Why go for full approval v emergency procedures? A short thread
From the public health perspective the issue is one of confidence. We can only stop the pandemic if enough people have faith in the vaccine - that has been widely reported.
Not taking shortcuts is an argument here. Emergency procedures do take shortcuts.
That's not an easy decision.
Read 4 tweets
2 Dec
The weird debate about drug approval and Brexit that is currently going is interesting for several regulatory aspects (thread)
1) The headlines "first in the race" show the enormous pressure on a regulatory regime set up to be independent and evaluate thoroughly.
If this were a race in which being first is the most important thing, Russia would have won. A reminder: this is not the point of approval.
Fortunately I have faith in the MHRA. I believe they work well. The best way to destroy them, though, is to start regarding drug approval as a race in which the first one wins.
Read 8 tweets
30 Nov
Some home truths about the time left to negotiate an EU-UK FTA if we want one in place by January. Or in short: Why we're reaching the end of the road. (Thread)
Any deal - to come into force - must either be ratified or enter into force provisionally. @GeorginaEWright has written a very good overview, so I can focus on "as fast as possible". instituteforgovernment.org.uk/blog/ratifying…
Ratification takes time. So let's go with provisional application. How does that work?
Read 28 tweets
28 Nov
We know very little about what’s going on at the Brexit table, but yesterday @tconnellyRTE reported movement on fish.
Read carefully. What does this mean?
Read 9 tweets
23 Nov
This is wrong. It is utterly common for an FTA to add “unrelated conditions” about domestic regulation. Even the WTO Agreements contain an agreement on intellectual property. CPTPP has stuff on IP, environment, labour, regulatory coherence. Etc. Etc.
One of the curious issues in this regard is the term “unrelated”. When the WTO’s IP Agreement “TRIPS” was negotiated, this was a big issue. “TR” stands for “trade-related”.
Developing countries tried to take a stand - they said “we first want to know what trade-related IP rights are - and which ones aren’t”. But they lost that debate. TRIPS is a general IP agreement. “Trade-related” came to mean something more nebulous.
Read 8 tweets

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