Simon Usherwood Profile picture
Jun 6 10 tweets 2 min read
I know it's not high on anyone's list of priorities in Westminster right now, but briefly let's do #VONC and #Brexit

tl;dr short-term pause in hostile words/action, but scope for more grief

1/
While the vote is happening, no policy is happening, so mooted publication of NIP disapplication bill is on hold for now

2/
All the noises today have been about other aspects of Johnson's leadership, with both him and critics pushing 'Brexit got done', so it's not the main space for contestation

3/
That suggests if Johnson wins, then unlikely to push NIP aggravation to build support

4/
None of the obvious replacements are going hard on Brexit, either in collapsing NIP or in resetting, so most likely to just drift into background

5/
Indeed, post-Johnson it might make most sense to frame him as 'Brexit Guy', to allow for very passive rebuilding of EU policy and escape from DUP-courting

6/
'Boris did a great job securing Brexit: now we move on to focusing on things like cost of living' would be the line here

7/
Of course, leaving Brexit on the table also means someone might pick it up and use it

Certain sections of the party might love someone promising to collapse NIP, especially if there's not much else to differentiate candidates

8/
Given history of Tories endlessly returning to the European Question, this has to be a non-negligible risk

9/
Maybe final point is that once again, EU/Brexit policy is likely to be driven by party political needs, not UK strategic interests

Which is great for my research, but much less good for anything else

/end

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More from @Usherwood

May 17
A quick note on 'protecting the Belfast/GFA' line from Truss

1/
Truss (and UK govt) argue that NI Protocol is damaging the GFA and so it is incumbent on UK as guarantor of GFA to act to protect it

2/
However, UK govt did not raise any issue with GFA compliance at time of signing/ratifying the Protocol with the Withdrawal Agt in 2020

And nor did Irish govt, as other principle guarantor

Or the EU. Or the US. Both interested parties

3/
Read 6 tweets
May 17
Relatively punchy approach today:
- actioning draft legislation
- demands still like last year's Cmnd Paper
- minimal explanation of how this is consistent w international obligations
A first glance/listen, doesn't leave much space at all for a landing zone
Basic framing is this:
- UK says EU at fault for not reopening NIP text
- EU says UK at fault for not trying to make current text work
Read 4 tweets
May 12
Once more, with feeling

Here's what's available under international law for changing the NI Protocol

1/ Image
All of these pathways have constraints and almost no room for unilateral action by the UK (or EU for that matter)

2/
UK govt is also talking about domestic actions to limit NIP application

That's not a solution either, as I discussed a while back

3/
Read 8 tweets
May 11
Let's run through the 'duress' argument once again

spoiler: Whatever Baker argues, it's not 'duress' in a form that would stand up in (international) court

1/
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/ Image
This is because once made, VCLT expects treaties to be kept to, big time

Pacta sunt servanda, etc

3/
Read 12 tweets
May 10
While you wait for #QueensSpeech let's run through all the ways that up-ending the Northern Ireland Protocol is a bad idea

1/
Firstly, it's not a legally-viable option, under either the Protocol itself or under international law

Many details here:


2/
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



3/
Read 10 tweets
May 6
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/
Read 10 tweets

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