The Law and Politics of Brexit Volume IV - The Protocol on Ireland / Northern Ireland

FABBRINI Federico

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Description du produit

Résumé

  • First comprehensive interdisciplinary analysis of the Protocol on Ireland/Northern Ireland, from the perspective of law, politics, sociology, and trade
  • Detailed analysis of all the provisions of the Protocol and of the broader setting in which they must be contextualized
  • Updated examination of the challenges posed by the implementation of the Protocol, and the confrontation it created between the EU and the UK
  • Fourth volume in the leading series for the analysis of Brexit
This book examines the law and politics of the Protocol on Ireland/Northern Ireland, attached to the Withdrawal Agreement, which regulates the terms of Brexit. The Protocol on Ireland/Northern Ireland deals with the most complex issue which emerged during the withdrawal negotiations between the United Kingdom (UK) and the European Union (EU), namely how to avoid a hard border in the island of Ireland and preserve the peace process started in Northern Ireland with the 1998 Belfast Good Friday Agreement. To this end, the Protocol, which was agreed in its final form in October 2019, establishes a bespoke solution, notably by keeping Northern Ireland aligned to EU customs and internal market rules. Nevertheless, the operation of the Protocol, which has formally entered into force in January 2021, has stirred political controversies in the Unionist community in Northern Ireland, and caused diplomatic confrontation between the EU and the UK. The purpose of this book is therefore to provide the first interdisciplinary overview of the Protocol, shedding light on its context, content, and challenges. This book — which brings together contributions by leading legal scholars, political scientists, sociologists, and trade experts from Northern Ireland, Ireland, Great Britain, Europe, and the United States — provides a comprehensive and contextual assessment of the Protocol. It examines its setting, including constitutional trends in the UK and Ireland, focuses on its substantive clauses dealing with human rights and cross-border cooperation, as well as on those related to trade, and analyses its governance mechanisms, including democratic consent and safeguards.

Table des matières

Foreword, Simon Coveney (Minister for Foreign Affairs of Ireland)
1:Introduction, Federico Fabbrini
Part I: Setting
2:United Kingdom, Michael Keating
3:Northern Ireland, Katy Hayward
4:Ireland, Oran Doyle
Part II: Human Rights and Cross-Border Cooperation Provisions
5:Non-Discrimination, Aoife O'Donoghue
6:Common Travel Area, Imelda Maher
7:North-South Cooperation, Rory O'Connell
Part III: Economic Provisions
8:Customs and Movement of Goods, Niall Moran
9:UK Internal Market, Catherine Barnard
10:State Aid, Graham Butler
Part IV: Governance Provisions
11:Supervision and Dispute Resolution, Joris Larik
12:Consent, Brendan O'Leary
13:Safeguards, Robert Howse