What Lord Frost describes is not just the EU approach - but also the traditional UK approach. Indeed, the FC(D)O lays implementing legislation to parliament before ratification precisely for this reason - and the UK then becomes less flexible.
In fact, it describes normal treaty processes and a long-term reality of treaty law: there's lots of discussions about treaty-making, but once made treaties are relatively inflexible. /2
Treaty parties are trying to change this to some extent - which is why they establish treaty bodies with powers to change the content of the treaty a bit. But this comes with its own downsides. /3
Namely democratic legitimacy: now the treaty is more flexible. But who scrutinizes what was agreed? Should parliaments have a look at it? Must they have a look at it? But if we tie things back to Parliament, don't we become inflexible again? /4

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More from @hhesterm

20 Jul
A maybe-not-that curious observation on vaccination (though more interested in the federalism issue) with a question for historians on Eastern Europe. Let's start with some data from Germany (thread)
As Germany crossed the point of 60% of the population vaccinated once, let's look at the significant differences amongst German Länder
The first 8 Länder - all from former West Germany. The lowest 4 from East Germany (Germany has 16 Länder). West Germany ranges from 57.9% (Bavaria, shame on you) to 69% (Bremen). East Germany from 50.9% (Sachsen) to 58.5% (M-V) if you do not count Berlin at 59.1%.
Read 6 tweets
14 Jul
Very grateful to @GeorgeFreemanMP for pointing to the source of some of the points he made on Newsnight. My worries about accuracy remain, though I now have to spread them around (short thread)
@GeorgeFreemanMP 1) On trade. The information here is quite different from the original statement. It is "where UK tariff reductions on imports from certain developing countries save exporters from those countries around £1 billion each year"
No reference to differences from EU tariffs, no reference to tariffs on food, no reference to Africa. And, to be honest, almost unverifiable what this refers to. Carrying over the EU's GSP policy including EBA? (Which would be really different from the original claim)?
Read 5 tweets
14 Jul
There are a number of factually wrong statements by @GeorgeFreemanMP to @katierazz. As this threatens to misrepresent the payoff the country is making, I fear they need to be corrected (thread)
Let me state where I am coming from: I can understand that in times of crisis like covid funding might need to be cut. But we need to be aware of payoffs and should not talk them down. So let me just give a few pointers.
1) The MP refers to a "big aid industry" that will be suffering, points out to valuable programs and then tries to draw a distinction that really important programs will not be cut. That is at best wrong - looking at "big aid industry", arguably offensively so.
Read 17 tweets
10 Jul
Sometimes it's hard to figure out what exactly just happened in trade. An EU agri handbook shows that India indeed did not allow all EU apples to enter.
Among those it allowed to enter, though: UK apples.
Image
Read 6 tweets
9 Jul
The big Brexit contamination: the UK, in the past, was a sparse user of state aid by choice - because of a conservative, market-based philosophy. And now (short thread)?
Recently there have been several prominent examples of subsidies. And they were praised as a Brexit benefit - we can subsidies because we have left the EU.
As a matter of law this is all complex. EU state aid law is gone, there's TCA rules and WTO subsidies rules, but that's not what this thread is about.
Read 5 tweets

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