Thread by @KellerZoe

#NIProtocol
Macron: that Boris Johnson was “well aware” of “incoherences” in the Northern Ireland Protocol when he signed up to it (which is an implicit admission that the NIP is a logical mess).
telegraph.co.uk/politics/2021/…

What incoherences? The NIP states that NI is an integral part of the UK Customs territory (art 4) and of the UK internal market (art 6). So, why do we hear about a (customs and/or regulatory) border on the Irish Sea? Why does Macron say NI is not fully a part of the UK?

Because other NIP provisions are — in effect — inconsistent with the two principles set out above, as they require NI to apply some EU Sigle Market rules and the UK to apply customs checks (EU Customs Code) to goods moving from GB to NI "at-risk" of end up into the EU.

"While the rest of the UK leaves the EU’s internal market, NI — in effect — remains in it: the NIP preserves the EU’s internal market at the expense of the UK internal market. There will be a regulatory border within the UK in the Irish Sea", writes Vernon Bogdanor.

"Art 4 declares that NI is part of the UK customs territory. But articles 5  (2), (3) and (4) and Annex 2 lock NI into the EU Customs Code and common tariff. Checks are needed on goods brought into NI from GB considered at risk of being moved into the EU"

"The onus is on the “exporter” from GB to prove that there is no risk. Customs declarations will be needed once the grace period ends and duties will be paid (and reimbursed later). So NI remains — in effect — within the EU customs union."

"The NIP transforms NI into a condominium jointly ruled by the UK and the EU. But while NI is represented at Westminster, she is not represented in the EU, though subject to EU regulations. This flouts the very principle of democratic representation."

"In subjecting NI to a major constitutional change without consent, the NIP breaches the spirit if not the letter of the GFA, as well as the principle of international law requiring respect for territorial integrity."

On top of defying Aristotelian logic, the NIP has also a self-destructing clause (art. 16): it's poised to stir up the "serious economic, societal or environmental difficulties liable to persist, or diversion of trade" that allow unilateral safeguards by the UK and the EU.