What a beautiful passage Aodhán emphasized. Apart from what he points out and the fact that Switzerland still is as connected to the Single Market as before and not frozen out (slow deterioration of access is the word), there's an even bigger problem (thread)
The proposal the author makes is a common market between Switzerland and the UK. But Ay, there's the rub: a single market means a mixture of harmonization and being forced to accept the other's goods whether they comply with your law or not /2
What the author is proposing is thus a mixture of either harmonizing the law with Switzerland or having an institution (court? Commission?) tell the UK "you say it's about safety, but really, that's a bad argument, you have to let their product in". /3
The author hence seems to forget the lesson of Brexit: this is precisely what the UK voted against. You cannot reject the tools that make a single market and still claim you want a single market.
(As @StevePeers and @robert_busch65 and others rightly point out: this was, of course, never on the ballot paper. Leading to a debate about the meaning of Brexit. I go with the interpretation that - politically - won the day, even though it wasn't my interpretation)
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Some thoughts on a trade tweet that - as many have pointed out - is wrong. Now I try to no longer critcise tweets of others, but there’s a point here and I would ask you to refrain from any ad hominem attacks (thread)
First the obvious: the tweet makes two points. Both of them are factually wrong. Let’s take them one by one. /2
First on tariff free quota free access: No. The partners had an FTA, but it did not provide for zero tariffs zero quotas. The FTA is here if you are interested. /3 austlii.edu.au/au/other/dfat/…
International law knows a number of ways to justify breaches of provisions. The first place to look for such justification is in the text of the treaty itself. Are there exceptions? /2
Of course here it’s even more complex - if the breach at issue is a possible breach of the UCC, well, then you’ll also have to look there. /3
Bit patents and access to medicines at the WTO news: Bolivia's request for a compulsory license for export under existing TRIPS rules is going forward. A quick thread on where we stand /1
Great. That should be BIG news. Wow. OK. So, where were we? Right: Some background. Patents are territorial. A US patent is for the US, a UK patent is for the UK and so on. That's an important principle to know. /2
Countries can, under their laws, force a patent holder to grant a license. That is legal under WTO law - the TRIPS agreement. There are tons of requirements. Like paying money, imposing each compulsory license on its own merits etc. /3
A quick defense of the continuity trade agreement program (though coming from someone who thinks the tariff aspect of free ports is negligible anyways) (short thread)
The decision that the government took (I have no inside knowledge on this, but it is glaringly obvious even from the outside) was: copy the deals. Make them as identical as humanly possible. /2
This was necessary to protect UK trade. As soon as you say "let's discuss duty drawback" you open the door to the other side saying "great, let's also dicuss XYZ". If both sides say "maximum continuity" you can get places fast. /3
I was not aware of this Kurt Schumacher quote from his speech in the Reichstag in 1932: if we have to appreciate anything in national socialism, we have to appreciate that for the first time in German politics they achieved a full mobilization of human stupidity. /1
Kurt Schumacher was jailed in July 1933, put into a KZ - and after the war led the SPD.
And yes, I should add that this Europe day I both applaud his judgment and courage vis-a-vis the Nazis - and celebrate his political, democratic defeat by Adenauer on Germany‘s position in the world. As a democrat he would respect that.
Some of the news can be really depressing. So allow me to do a short thread of aid for India. I'll start with the Netherlands, simply because this tweet in my timeline inspired me to do this.