The Law and Practice of the Ireland-Northern Ireland Protocol

The Law and Practice of the Ireland-Northern Ireland Protocol

Author: Christopher McCrudden

Publisher: Cambridge University Press

Published: 2022-02-03

Total Pages: 399

ISBN-13: 1009117963

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The Ireland-Northern Ireland Protocol, part of the Withdrawal Agreement concluded between the European Union and the United Kingdom, is intended to address the difficult and complex impact of Brexit on the island of Ireland, North and South, and between Ireland and Great Britain. It has become an exceptionally important, if controversial, part of the new architecture that governs the relationship between the UK and the EU more generally, covering issues that range from trade flows to free movement, from North-South Co-operation to the protection of human rights, from customs arrangements to democratic oversight by the Northern Ireland Assembly. This edited collection offers insights from a wide array of academic experts and practitioners in each of the various areas of legal practice that the Protocol affects, providing a comprehensive examination of the Protocol in all its legal dimensions, drawing on international law, European Union Law, and domestic constitutional and public law. This title is also available as Open Access.


The Law & Politics of Brexit: Volume IV

The Law & Politics of Brexit: Volume IV

Author: Federico Fabbrini

Publisher: Oxford University Press

Published: 2022-05-02

Total Pages: 256

ISBN-13: 0192678795

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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.


The Law & Politics of Brexit

The Law & Politics of Brexit

Author:

Publisher:

Published: 2022

Total Pages: 0

ISBN-13: 9780191954528

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The 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. The 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.


Protocol on Ireland/Northern Ireland and the Trade and Cooperation Agreement

Protocol on Ireland/Northern Ireland and the Trade and Cooperation Agreement

Author: Billy Melo Araujo

Publisher:

Published: 2023

Total Pages: 0

ISBN-13:

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The Ireland/Northern Ireland (Protocol) governs the trading regime for goods applicable to Northern Ireland (NI) following the UK's decision to withdraw from the European Union (EU). Since its entry into force, it has been the subject of much criticism, not least because some hold it responsible for the application of new barriers to trade in goods between Great Britain (GB) and NI. This paper contends, however, that any assessment of the trade-related implications of the Protocol must also take into account another international legal instrument governing the EU-UK post-Brexit trade relationship - that is, the EU-UK Trade and Cooperation Agreement (TCA). This paper examines the relationship between the Protocol and the TCA, how their interaction has exacerbated post-Brexit barriers to trade between GB and NI and argues that a renegotiation of the TCA may offer the best opportunity to address many of the post-Brexit GB-NI trade frictions that have proved so controversial.


Law in Northern Ireland

Law in Northern Ireland

Author: Brice Dickson

Publisher: Bloomsbury Publishing

Published: 2023-06-30

Total Pages: 531

ISBN-13: 1509961224

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This textbook presents an engaging and thorough examination of the law in Northern Ireland. It guides students through the evolution of law-making, the legislative process, courts, and case law and presents a clear overview of the fundamental rules and principles of international law, public law, criminal law, and private law. It contextualises the myriad legal institutions operating in the jurisdiction, sets out how criminal and civil proceedings work in practice, and provides useful information on how people become lawyers, what lawyers actually do once they become qualified, and how the legal system is funded. The appendices set out sample sources of law so that readers can familiarise themselves with what is involved in handling legal documents. This edition has been updated following recent legal developments in Northern Ireland including the 'New Decade, New Approach' agreement of 2020 and the different elements of the power-sharing government, such as the proposed Languages Bill and the Northern Ireland (Ministers, Elections and Petitions of Concern) Bill. It explains the effect of Brexit, in particular the new concept of 'retained EU law' and the effect of the Ireland / Northern Ireland Protocol to the EU-UK Withdrawal Agreement. Setting out the implications of the recent UK-wide reviews of administrative law and the Human Rights Act for Northern Ireland, the book examines the work of the shadow Civil Justice Council and Family Justice Board and looks at the latest developments in the reform of abortion law. It explores new Assembly legislation that addresses the use of committal proceedings in criminal cases, the protection afforded to victims of domestic violence, and the rights of other victims, for example in relation to compensation for victims and survivors of the troubles and the appointment of an interim Victims of Crime Commissioner.


The Protection of Human Rights by Law in Northern Ireland

The Protection of Human Rights by Law in Northern Ireland

Author: Northern Ireland. Standing Advisory Commission on Human Rights

Publisher:

Published: 1977

Total Pages: 160

ISBN-13:

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Report on laws for the protection of human rights in the UK - reviews existing legislative measures, sets out treaty obligations of the uk, examines the pros and cons of applying a bill of rights only to northern Ireland or to the UK as a whole, and includes recommendations. Bibliography pp. 139 to 141 and references.


EU Law in the UK

EU Law in the UK

Author: Sylvia de Mars

Publisher: Oxford University Press, USA

Published: 2020-06-29

Total Pages: 540

ISBN-13: 0198805926

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The first new textbook to publish since Brexit, EU Law in the UK tackles EU law with a post-Brexit perspective interwoven throughout. It takes a uniquely contextual approach designed to enliven the learning experience, support understanding, and help students appreciate the relevance and impact of EU law. Written in a concise and accessible style, and supported by lively academic analysis, the author carefully guides students through key complexities, issues, and debates. EU Law in the UK not only supports students to understand the core elements of EU institutional and substantive law, but also to critically examine the implications on UK law of the UK's decision to leave the EU. The book's unique contextual approach offers a highly practical and engaging way to learn about EU law. The context is set at the start of each chapter by way of scenarios including real quotes from politicians, parliamentary reports, and fictional situations. Throughout the chapters, students are then invited to apply legal principles to these scenarios. This approach serves to reinforce and enliven students' learning.