[Sephiroth]

Fascinating article on who can settle the WA dispute now formalised by the EU into legal process.

https://www.instituteforgovernment.o...ute-resolution

A selective quote:

The European Court of Justice (ECJ)

Legal disputes within the EU are typically resolved in national courts and, if substantive issues of EU law arise, ultimately in the ECJ.

The European Commission’s negotiating guidelines say that the ECJ should have jurisdiction in such disputes where an interpretation of EU law could be an issue.

The government’s position is that the mechanism for dispute resolution is “appropriate to a relationship of sovereign equals”. This would seem to preclude the further involvement of the ECJ. However, from the EU’s perspective, there could still be issues in which the jurisdiction of the ECJ might arise. For example, state aid is an area where the EU might insist that the UK incorporate EU law – which would then require the ECJ to interpret.

The International Court of Justice (ICJ)

Some reports suggest that the Withdrawal Agreement could be enforced by the International Court of Justice (ICJ). In theory, the ICJ can enforce any treaty. However, the ICJ is an unlikely forum for dispute resolution in this case, as only states can raise claims at the court. EU institutions would not be able to do so.