Simon Usherwood Profile picture
May 6 10 tweets 4 min read
While we wait for #AE22 #NI22 results, here's a quick run-down of Northern Ireland Protocol-related things, that might be of use in the weeks to come

1/
First up, there are only a limited number of options open to UK govt to change/remove the NIP, under international law or the Protocol itself

2/
One of those options is our old friend, Art.16 NIP on safeguards

Short-term, ltd suspension to have talks, nothing more

3/
Also useful to consider how any mis-use of Art.16 can lead to big problems, including EU penalties and suspension of the Trade & Cooperation Agt

4/
Another option being floating around involves Art.18 on consent of @niassembly (which will be materially affected by #AE22 #NI22 results)

5/
I worked through that one here, but very short version is that suspension of NIP via Art.18 requires the active decision of MLAs to do so, which UK govt can't obviously force

6/
Which leaves the domestic dis-application route

That also isn't permitted under international law

7/
Of course, all this has been known for ages (check when I made most of that content), so any moves by NI or London politicians to press on should be assumed to be done in full knowledge of the consequences

8/
Any sustainable solution is going to come from one of the legal paths marked out at the top of this thread, all of which really need UK to work with EU, not against it

#SunAndTheNorthWind

9/
Of course, sustainable and equitable solutions to benefit of Northern Ireland and its E-W/N-S situation might not be everyone's top priority here

/end

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More from @Usherwood

Apr 28
Let's have a look at the govt's plans for the Northern Ireland Protocol, and why they aren't viable under international law

1/
As you'll know, the govt is mulling a new piece of legislation to somehow disregard or disapply parts of the Protocol, with details likely coming after the Queen's speech next month

2/
bbc.co.uk/news/uk-northe…
I know we've been here before, but it's still useful to consider the position in international law

So time for some diagrams

3/
Read 28 tweets
Apr 22
Late last year, I wondered whether UK was moving to a less-antagonistic approach to its EU relations, given failure of its previous high-stress model

Does this still hold?

1/

open.ac.uk/blogs/EUatOU/i…
I'd argued that going all Violet Elizabeth Bott [GIYF] wasn't sustainable in long-term, so shifting to language of trying to work things out together (even if that didn't produce results) both parked it and avoiding final commitment to WA/TCA

2/
You could see Truss's attendance at Council over Ukraine as an example of pragmatic cooperation, even as problems with Northern Ireland remained in play

3/
Read 13 tweets
Apr 22
Right, what I think is happening here is that someone has come up with a cunning plan around Art.18 NIP consent provisions, so let's have a look at these, shall we?

1/
Coincidentally I wrote about these earlier in the month, so all the info is to hand

(Yes, I will be trying to count this as Impact in #REF27)

2/
Per @pmdfoster's piece, plan looks like either withholding results of a NI Assembly vote, or avoiding one happening. This hangs on the need for at least a majority of MLAs to support continuing application of Arts.5-10 of the NIP

3/
Read 11 tweets
Apr 20
Some more comparative data on speed of EU accession

tl;dr speed now for UKR probably means delays later

Data: docs.google.com/spreadsheets/d…

1/
As graph shows, EU accession has never been fast

Finland is currently record-holder, at 2yrs, 10mths: and that for a country with robust political institutions, comparable GDP/capita, and completed negotiations on heart of then-activity (via EEA)

In short, very well-placed

2/
So Finland can be our benchmark for procedural speed

But UKR isn't Finland, so important to look at enlargements since then

And that's less promising

3/
Read 17 tweets
Apr 13
Democracy lives and dies by our actions: precisely because it gives us all a say, it needs all of us to work to maintain and uphold it
That means we have three tasks to undertake:
- to protect and support those in democracies elsewhere;
- to make sure our own democracy works as best it can;
- to be democrats ourselves
Helping those elsewhere is perhaps the easiest task, since we are typically only indirectly linked, but if we truly believe that democracy is the best political system then we must value it everywhere and for everyone
Read 9 tweets
Mar 16
Not the main news today, but listening to Liz Truss talking about how "the UK has to stand behind its international obligations" this morning (bbc.co.uk/sounds/play/m0… at 2:22:07) did make me reflect on the interconnectedness of practical international relations

1/
Truss was speaking about paying off debt to Iran here, but she's also regularly mentioned international 'obligations' in relation to Russia too

2/

In both cases, she's (rightly) highlighting the way in which commitments made need to be honoured, not least because of the otherwise scant ability to secure enforcement beyond what states do

3/
Read 8 tweets

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