Thread: Brexit (Old)
View Single Post
Old 11-03-2019, 23:05   #8360
nomadking
cf.mega poster
 
Join Date: Apr 2004
Location: Northampton
Services: Virgin Media TV&BB 350Mb, V6 STB
Posts: 7,866
nomadking has a bronze arraynomadking has a bronze arraynomadking has a bronze array
nomadking has a bronze arraynomadking has a bronze arraynomadking has a bronze arraynomadking has a bronze arraynomadking has a bronze arraynomadking has a bronze arraynomadking has a bronze arraynomadking has a bronze array
Re: Brexit

Quote:
Mr Lidington said it could be used to start a "formal dispute" against the EU if it tried to keep the UK tied into the backstop indefinitely.
The second is a "joint statement" adding to the political declaration to commit to replacing the backstop with alternative arrangements by December 2020.
Mr Lidington said: "The House was clear on the need for legally-binding changes to the backstop. Today we have secured these changes.
"Now is the time to come together, to back this improved Brexit deal and deliver on the instruction of the British people."
Isn't that what the original agreement amounted to? Apart from the time it would take to finalise any "formal dispute", all the EU has to do is proclaim they showed "good faith".
From "Legal position on the Withdrawal Agreement" document, Dec 2018.
Quote:
14. Article 5 provides that the UK and the EU must, in good faith, assist each other in carrying out the tasks which flow from the Agreement and ensure that obligations arising from it are fulfilled. See also Article 20 of the Ireland/Northern Ireland Protocol, below. A reciprocal legal obligation on the parties to act in good faith is a common feature of international agreements. The principle of good faith is a rule of customary international law, as has been recognised by the CJEU and the International Court of Justice. A dispute about compliance with this obligation could be raised under the applicable dispute resolution mechanism in the Agreement (see below). It is likely that there would only be a finding of breach where it was supported by clear evidence.
nomadking is offline