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Re: Brexit Discussion (Follow First Post Rules!)
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Originally Posted by Pierre
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From your link
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Where the UK might run into trouble is under the WTO’s non-discrimination rules, particularly “most-favoured-nation” treatment (MFN), which means treating one’s trading partners equally
Suppose the UK and EU trade on WTO terms after Brexit. Suppose American apples arriving in the UK at an English port have to go through controls, but Irish apples crossing the border into Northern Ireland (also the UK) do not. Then the US could complain that its apples were discriminated against. They weren’t given equal treatment with Irish apples when they entered the UK.
The US might seek a legal ruling in WTO dispute settlement. Months or years later, the ruling might conclude that the UK had discriminated. So either checks at the English ports would have to be dropped, or checks at the Irish border would have to be set up.
In other words, while no WTO rule actually says the UK will have to set up border checks, the non-discrimination rule may force it to.
That’s quite different from saying “every member must secure their borders”. In a system where nuance matters, the difference is important.
(Note the “might” and “may”. It’s possible that an in-depth legal ruling might disagree with the US’s claim in that example. After all, the difference is at the ports and not with the products themselves, although the US could counter that having to ship through Ireland in order to avoid checks adds to its costs. Until there is a real case we cannot say for certain. But legal opinion seems to take the view that the UK would be violating non-discrimination.)
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Everyone keeps saying ‘a Technology solution’ can be implemented - anyone who thinks a major technological solution with supporting infrastructure, processes, and training can be implemented in six months has never actually implemented one.
They haven’t even begunn the tender process...
There is an interesting (non-biased) article in Wired about the challenges.
https://www.wired.co.uk/article/iris...er-brexit-tech
Don’t forget, the UK’s EU (Withdrawal) Act 2018 (section 10.2b) stipulates that no new ‘physical infrastructure be created, including border posts, checks or controls.
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Last edited by Hugh; 09-09-2018 at 20:34.
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