Another TCA graphic for you, on how to resolve disputes

1/
Short version is that this is very much the same as the model in the WA (and in other FTAs), but with some important caveats

2/
(if you want to compare with the WA version, try this: )

3/
First big change from WA mode, is removal of any referral to CJEU on points on EU law.

This was a big UK ask, so allows them the headline

I leave it to #LawTwitter to explain how you ensure congruence of tribunal rulings with EU law

4/
Second big change is the long list of exceptions.

WA had none, but here we're got ones for goods, bits of LPF, law enforcement and data sharing/transmission

Each of which is a big thing

5/
Processes in these other areas varies a lot, often to be much softer (e.g. taxation LPF ()), so do check when trying to work out enforceability

6/
Thirdly, this process doesn't allow for financial penalties (which WA did), do it's all down to 'suspension of obligations', which can cross TCA chapters

7/
tl;dr tread carefully in the DSM element of all of this and don't think that removal of CJEU will make it all plain sailing for UK politicos

/end

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More from @Usherwood

27 Dec
Let's have a crack at considering the TCA in light of the two side's starting positions back in March, shall we?

PDF: bit.ly/UshGraphic64

1/
A couple of caveats as we head off:
- I've read what I can of the text, but I'm relying on others' analysis
- However, any and all errors are mine
- I miss the clarity of the WA text [sic]

2/
The graphic maps out how much the outcome appears to map to each side's preferences, as set out in their opening positions

While the picture does seem to point to something closer to EU ideas, this needs important warnings, as you'll see

So let's run through the headings

3/
Read 21 tweets
11 Dec
Right, I'm back from the market, so let's to illustrate the different kinds of deal on the table

1/
When the UK was a member of the EU there was lots of cooperation on many different areas

(This is also what we have right now, because of the transition period)

2/
The negotiations that are stuck right now are about a much more limited package of cooperation, mainly relating to trade (and fish)

3/
Read 7 tweets
10 Dec
The morning after the dinner before

If you'd like a very simple take-away of why this has gone belly-up (and bellies were much in focus last night), then focus on trust

1/ Image
The root cause of the major problems in these negotiations has been that neither side trusts the other all that much

2/
The UK political debate has long been coloured by the suspicion that there is some nefarious agenda behind European integration, aided by a more general distrust of grand visions

3/
Read 11 tweets
6 Dec
Your regular reminder that Brexit is going badly because the UK has still to decide what the purpose of leaving the EU is

1/
#EUref came about as piece of party mgt by Cameron, rather than as culmination of considered and structured debate about UK's place in the world

2/
Yes, we talked a lot (A LOT) about 'Europe' and the EU, but primarily as a function of lots of other things

A touchstone of dissent, if you will (h/t @PaulAdamTaggart)

3/
Read 15 tweets
18 Sep
What better way to tie up the week than with a run-through of pacta sunt servanda?

A short thread, with pictures

Thanks to @Cardwell_PJ & Therese O'Donnell @UniStrathclyde for their help on this (any errors will be mine)

1/
As a bit of context, PSS is a basis of customary international law, and a cornerstone of the Vienna Convention: without it, the whole treaty-making business really has no point at all

2/
It's important to highlight that PSS carries implications, not least that states are free to enter treaties and to act freely elsewhere, but it's on them to only enter into commitments they can keep

3/
Read 8 tweets
21 Aug
A quick summary of how @MichelBarnier & @DavidGHFrost have commented on progress in Future Relationship negotiations up to today

PDF: bit.ly/UshGraphic35

1/
By taking the public statements of the two, it's possible to map out where they see things standing

Barnier: bit.ly/EURounds
Frost: bit.ly/UKRounds

2/
Several points to note:
- The problem areas are the same they've always been (LPF, fish, governance and law enforcement)
- Round 6 was the first of the accelerated programme, so reason to make +ve sounds
- intermittent +ve sounds away from the big problems

3/
Read 6 tweets

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