All the following propositions seem to me to be true.
1. The key phrase in Castex’ letter wasn’t accurately translated by @alexwickham and nuance was lost. Nuance matters in diplomatic letters (see eg how the Franco Prussian war broke out).
2. The French government (which knows rather a lot about diplomacy and careful drafting) must have known that the phrase (even accurately translated) would wind up the current government and its outriders (and that an inaccurate translation was quite likely).
3. The current government and its outriders appear to think that it suits its interests to take excessive umbrage at any suggestion that its chosen form of hard Brexit has inevitable disadvantages. In the national interest, it needs to move on.
4. The current government should also appreciate that there will be a tendency to giggle when it talks about the importance of sticking to treaties. The words “specific and limited breach” will be recalled.
5. Fundamental lesson: if you are the smaller party to a treaty, the proposition that its terms are to be kept is on your side. Don’t behave in a way that makes people giggle when you assert that proposition.
PS: someone whose relevant experience and knowledge is far greater than mine, and whose judgment I would immediately defer to, tells me that this is probably not right: they think that the French government would not have appreciated this.

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More from @GeorgePeretzQC

1 Nov
Some comments on @DavidGHFrost’s introduction to a paper on the Protocol published today by Policy Exchange. policyexchange.org.uk/wp-content/upl…
Frost asks the question why the May government - in the 2017 joint report - accepted that alignment with some EU rules would be needed to avoid checks and infrastructure on the Irish border.
There is an obvious answer to that question: that (the famous Trilemma) that the only ways of avoiding checks/infrastructure at the Irish border were (1)to align with EU customs/goods rules in NI, with checks/infrastructure over the Irish Sea or (2) UK alignment with those rules.
Read 16 tweets
31 Oct
As today is Reformation Day (95 theses nailed to the door of Wittenberg church etc), a good day to recommend a fascinating set of @GreshamCollege lectures on the English Reformation by Alex Ryrie.
Link here to the one on the “Tudor Reformation” (how the Tudor State used the rupture to grab and centralise power*). gresham.ac.uk/lectures-and-e…
But also recommend (particularly) the ones on the Unwanted Reformation (how spectacularly unpopular it was), the Catholic Reformation (an intriguing road not taken), and the Anglican Reformation (not till 1660 at the earliest).
Read 7 tweets
26 Oct
A couple of comments on David Frost’s evidence to @CommonsEU yesterday: - committees.parliament.uk/oralevidence/2…
Here is some discussion of s38 of the EU (Withdrawal Agreement) Act 2020 (slight slip by the chair, Bill Cash, in citing the Act).
This is s38
Read 17 tweets
26 Oct
This is right and important. Though note that even if (which is unlikely) the EU agreed to rewrite the Protocol and to replace adjudication with the “not Swiss”* arbitration model, all disputes on the meaning of these obligations would end up in the ECJ. Just more slowly.
*The model proposed in the EU/Swiss agreement that was in the end rejected by Switzerland.
Read 7 tweets
25 Oct
Note 1: Martin Howe offers no “solution” either. (This fantasy “solution” does not count.)
Note 2: what the High Court judge in Allister said about careless and silly use of words like “colonial”: -
(Incidentally, the “respondent” arguing that the effect of the Protocol was limited was the Secretary of State for NI in the current government this spring, before it suddenly decided that there was a serious democratic problem.)
Read 6 tweets
24 Oct
I half agree. I’m a bit reluctant to suggest that lawyers stick to their silos, partly because I don’t stick to mine, and partly because cases don’t respect silos, so any of us might conceivably find ourselves having to argue out of silo at some point.
And there are brilliant legal journalists (some lawyers, some not) who manage to say perceptive things across the range.
But where lawyers do write out of their area of expertise, a certain diffidence is often a good idea: and certainly research and (perhaps) discussing with those who do know the area intimately.
Read 4 tweets

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