Both speakers highlighting the increased difficulties of cooperation without EU structures and the need for finding new modalities
Open Q of whether existing links (based on 'can-do' mentality per @LordRickettsP) will endure: much scope for progressive divergence by neglect
Data protection also teeters on the edge
.@rwainwright67 notes that UK's leading role in setting up @Europol does leave lasting influence
Even US efforts to ramp up presence not to same level
Interesting discussion, much of which turns on balance between informal and formal structures. View from speakers is that former matter a lot, but context of latter can't be ignored
Stands in some distinction to other areas of EU-UK relations
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If we follow line that UK wants COP26 out of the way, then next week it likely moment of decision
Negotiations aren't moving, so it's time to sh*t or get off the pot with this
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UK knows it can't leave Art.16 out there much longer, both because it's talked up availability/necessity of its use and because there's already been much delay
Absent any big EU move on NIP (on top of what they already did), UK has to show this isn't stuck in the snow
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The suspension provisions under Art.772 aren't simple or a free-for-all, as you have to make a strong case for their use and you're bound to be proportionate
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By contrast, the general (Art.779) and Part (Art.591/692) provisions on termination don't need any justifications or thresholds, or even to talk about it, so they're much less liable to challenge
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Given that my plan to be on leave while the whole Jersey fishing thing blew over has come to nothing, here's a guide to what the TCA actually says both on access and on disputes
Like much of the rest of the TCA, there's a lot that isn't well-specified. Vessels should 'demonstrate' historic access, but how that works practically isn't clear: what's the benchmark and relevant case-law to draw on? (@chris_huggins any equivalent cases?)
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Also note provisions at end of Art.502, which suggest this was something the drafters thought might well be reworked, so sense of a bodge is evident
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