Secondly, it's politically and geo-politically awful, in terms of fallout, blowback and general damage to the rules-based order just when there's a big war on about just that
That explainer sets out what to do if you're working out whether to make a deal in the first place, but it also holds if you're inside a deal already
6/
Again, calculation is simple: can I get more of what I need by defecting from the deal than from sticking to it?
Given economic, political, geopolitical & legal costs listed above, that's a v.high bar for UK govt to clear
7/
Even in narrow terms, ditching NIP to 'save the Good Friday Agt' doesn't work, because opening E-W carries implications for closing N-S, so threat to GFA is still there
8/
Crucially, EU's view is that UK can't afford to bin NIP (heightened by previous failed bluffs so to do), so no incentive to fold, even if this isn't a bluff
9/
In sum, UK doesn't have a credible play through rejecting NIP
But doesn't mean NIP is great, so most productive strategy is constructive engagement within NIP system
Boring, but much better chance of getting to a fair & stable outcome for all
/end
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The Vienna Convention on the Law of Treaties (VCLT), which provides a generally-accepted baseline of international treaty-making, dislikes treaties being made if there's some reason they shouldn't have been
2/
This is because once made, VCLT expects treaties to be kept to, big time
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
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
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/
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?
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/
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