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UK Debates the Meaning of “Temporary” as Legal Review Reveals Permanent Trap

Summary:
The BBC reports Legal Advice Warns of Irish Border 'Stalemate'.In the six-page letter written on 13 November but published on Tuesday, Mr Cox said the "current drafting" of the backstop "does not allow for a mechanism that is likely to enable the UK to lawfully exit the UK wide customs union without a subsequent agreement".Key Provisions"Despite statements that it is not intended to be permanent… in international law the protocol would endure indefinitely until a superseding agreement took its place.""In the absence of a right of termination, there is a legal risk that the UK might become subject to protracted and repeated rounds of negotiations...The resolution of such a stalemate would have to be political."Agreements to agree later and terms such as best effort and temporary are legally

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The BBC reports Legal Advice Warns of Irish Border 'Stalemate'.

In the six-page letter written on 13 November but published on Tuesday, Mr Cox said the "current drafting" of the backstop "does not allow for a mechanism that is likely to enable the UK to lawfully exit the UK wide customs union without a subsequent agreement".

Key Provisions

  • "Despite statements that it is not intended to be permanent… in international law the protocol would endure indefinitely until a superseding agreement took its place."
  • "In the absence of a right of termination, there is a legal risk that the UK might become subject to protracted and repeated rounds of negotiations...The resolution of such a stalemate would have to be political."

Agreements to agree later and terms such as best effort and temporary are legally meaningless.

Theresa May claims the Irish backstop gives the UK some advantages that the EU will want to do away with. But at what cost and in what timeframe?

I am surprised no one in the UK parliament mentioned Macron's direct threats.

Perpetual Temporary Backstop

Countries have no veto over Brexit, only the EU parliament does. But once it is in place, the EU can and will hold the UK hostage.

I offered this comment on November 16

Caught in Massive Lie

There is really nothing new today. A leaked Brexit deal analysis already proved Theresa May Caught in Massive Lie.

May Jeered Today

Common Sense Idea

Groundhog Day

May cannot possibly win the first vote on this.

My fear is she will do a second and a third and a fourth. That likelihood depends on how badly the first vote goes down. We find out on December 11.

Remainers want a second referendum. I consider that the least likely option.

Mike "Mish" Shedlock

Mike Shedlock
Mike Shedlock (Mish) is a registered investment advisor representative for SitkaPacific Capital Management (http://www.sitkapacific.com/). Sitka Pacific is an asset management firm whose goal is strong performance and low volatility, regardless of market direction.

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