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Index

Published online by Cambridge University Press:  20 January 2022

Christopher McCrudden
Affiliation:
Queen's University Belfast

Summary

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022
Creative Commons
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Index

abnormally low tender, 273, 280
acquis communautaire, 33, 4041, 48, 56, 71, 258
Act of Parliament, 40, 126
Act of Union of 1800, 15, 90
Agnew, Lord, 279
agricultural products, 75, 215
agricultural support scheme limits, 50
agriculture
environmental significance, 246
exceptions under Article 10(2) of the Protocol, 77
North–South co-operation, 12, 25, 52, 122, 245
potential triggering of CJEU jurisdiction, 57
provisions in the 1998 Agreement, 245
state aid controls and, 77
air pollution, 247, 251
aliens, 174, 177
Aliens Act (1935), 174
all-island economy, 3
all-island environmental governance, 255
all-island market in services, 267
Alternative Arrangements Commission, 207
Anglo–Irish Agreement (1985), 25
animal health and welfare, 247, 252254
annulment proceedings, on safeguard measures, 312313, 316
anti-competitive behaviour, main forms of, 223
anti-discrimination clause, Article 2 of the Protocol, 145, 151152, 154
Anti-discrimination Directives, 143, 151, 154
anti-dumping measures, 72, 210, 315
antimicrobial resistance, 248
anti-subsidy measures, 72
anti-terrorism, 4
antitrust, fairness in competition, 221
aquaculture, 72, 215
arbitration panel
dispute settlement process, 46, 6264, 319
establishment requirements, 6162
role, 10
sanctioning powers, 112
VCLT and, 90
arbitration procedures, applicability to Protocol, 6064, 77
arrest warrants, 288, 290, see also European arrest warrant (EAW)
Article 16 of the Protocol
EU’s decision to trigger, 314
invoked by UK and European Commission, 1516
judicial review under the WA, 318320
likelihood of success of individual concern applications, 315316
safeguard measures, 311312
UK’s invocation, 320
see also safeguard provisions.
Article 2 of the Protocol. see under human rights and equality
Article 50, scope of negotiations, 810
‘at risk’ goods, 4951
aviation, 259
backstop
Northern Ireland, 5, 184
UK-wide, 184
Belfast Agreement. see Good Friday Agreement (1998 Agreement)
below threshold contracts. see sub-threshold contracts
Bill of Rights, 125, 160
Bingham, Lord, 27
‘birthright’ provision of the 1998 Agreement, 29, 135, 147, 164, 185187, 188, 191
block exemptions, 233, 234
border
border crossing rules
third-country nationals resident in Ireland, 199201
third-country nationals resident in Northern Ireland, 201203
dilemmas caused by Brexit, 207
Ireland–Northern Ireland
avoidance of hard border, 9, 78, 85, 95, 112, 137, 207, 252
frequency of crossings, 181
potential consequences of Brexit for, 5
Northern Ireland-GB, 7172, 74see also Irish Sea border.
unacceptability of a ‘hard’ border on the island of Ireland, 8, 11
borders
post-Brexit significance, 181
potential environmental impacts, 252255
breach of the Protocol
potential penalty, 111112
responsibility of UK government, 111
Brexit
border dilemmas caused by, 207
challenges for judicial co-operation between UK and Ireland, 285286
challenges for peace process in Ireland, 137, 193
choice among three objectives, 78
citizenship provisions of the 1998 Agreement and, 183see also identity and citizenship in Northern Ireland.
CTA and, 175181
‘full Brexit’ terminology, 219
impact of UK’s exit from Brussels Regime, 301
impact on EU–UK relations, 138
principal legal instruments, 33
undeliverability of promised benefits, 7879
Brexit referendum
and its aftermath, 12
concerns expressed by Northern Ireland, 143
political wrangling at Westminster, 8
UK’s policy objectives, 46
British citizenship, 12, 185188, 190191
British Nationality Act (1948), 174
British Nationality Act (1981), 185186, 190
British–Irish Agreement, 2223, 25, 26, 2829, 122123, 135136
British–Irish Intergovernmental Conference, 2526
British–Irish Intergovernmental Council, 25, 294, 295
broadcasting
North–South co-operation, 12, 122
potential triggering of CJEU jurisdiction, 57
Brussels Convention (1968), 298, 302
Brussels I Bis (Recast) Regulation, 298, 303, 305
Brussels I Regulation, 299, 300301, 304
Budget, EU, 9
Bunreacht na hÉireann (1937), 28
business services, 259
Cabinet Office, 45, 52
Cameron, David, 1, 6
Channel Islands, 2, 25
Charter of Fundamental Rights (CFR), 3, 11, 159169
‘added value’ rights, 166167
affinity with Article 6(3) TEU, 161
debatable role, 100
development in EU law, 159160
domestic status, 120
dynamism in Northern Ireland law, 127
intentions of UK domestic Brexit legislation towards, 159
origins and sources of inspiration, 160
position under section 5 EUWA 2018, 122
post-Brexit status in UK law, 161169
CJEU and the ECtHR, 161, 163164
continuing influence, 169
potential impact of repeal, 166169
under the Protocol, 164166
Preamble, 160161
scope of application, 165
supporting framework to 1998 Agreement rights and safeguards, 156
uncertainty about future role of, 11
children, protection under the WA, 114
choice of law, 296297, 298, 299300
CITES, 253
citizens’ rights
CJEU’s role in respect of EU citizens, 116
difference between pre- and post-CFR eras, 160
EU citizens, 116
rights to vote, 149
Joint Committee and, 47
under the WA, 10, 107, 112, 114116, 153, 319
Citizens’ Rights Directive (CRD), 196, 200, 202203
citizenship, 194203
border crossing rules
third-country nationals resident in Ireland, 199201
third-country nationals resident in Northern Ireland, 201203
population of non-UK or non-Irish citizens on the island of Ireland, 194
rights of ‘New (Northern) Irish’, 195
rules on entry to Ireland for EU citizens resident in Northern Ireland, 199
rules on entry to Northern Ireland for EU citizens resident in Ireland, 196
citizenship of EU, 144, 150, 184, 187188, 189, 195, 202, see also EU citizens
Civil Liberties, Justice and Home Affairs Committee (LIBE), 294
civil rights
definition, 146
protections under Article 2 of the Protocol, 146
climate change, 221
commercial transactions, 198
Commission enforcement, 111
Commission of the European Union (the Commission), 18
Committees of the Protocol, 4454
function and scope, 44
Joint Committee, 4451
Joint Consultative Working Group, 5354
post-transition period performance, 54
Specialised Committees, 5153
see also under individual committees.
Common Customs Tariff, 72, 213
Common External Tariff, 208, 211
Common Travel Area (CTA), 173182
1998 Agreement and resuscitation of, 3
arrangement and function, 173
blindness towards family members, 203
Brexit and, 175181
Brexit Services Deal, 262
citizenship rights under, 194195
continued application under the Protocol, 11, 175
co-operation requirements between police authorities, 285
creation and pre-Brexit situation, 174175
effects of Brexit, 173
exclusion of ‘New (Northern) Irish’ from benefits of, 194
formal recognition, 174
governance and visas, 180181
in Irish Law, 133135
legal basis, 133134
limitations, 203
Memorandum of Understanding. see Memorandum of Understanding (CTA)
movement of professionals, 263
protection from discrimination and, 143
rights and privileges conveyed by, 173
rights of family members of EU citizens, 195, 202
scope for tension between EU law and, 134
services and rights provisions, 133
UK obligations on continued application, 258
Competition and Consumer Protection Commission (CCPC), 229
Competition and Markets Authority (CMA), 38, 226, 229
competition law, 219231
application of EU law to Northern Ireland pre- and post-Brexit, 219, 229230
competition law generally under the TCA, 220221
continuing application of EU competition law to the UK as a third country, 230
cross-border investigations, 229
democratic consent mechanism, 227
institutional dimensions, 225230
interpretation of treaties and, 229
level playing field provisions (Title XI TCA), 221225
competition and the ‘level playing field’, 222223
competition policy, 223224
conceptual relationship with private rights, 3738
electricity and gas, 224225
environmental protection, 248
function, 156
rights and, 3640
state-owned enterprises, enterprises granted special rights or privileges and designated monopolies, 225
UK implementation of private rights, 3840
likely divergence between Northern Ireland and the EU, 227228
main issues, 223
new names for old concepts, 223
post-Brexit differences, 227230
replacement of historical convergence by divergence, 223
sustainable development and, 36, 221, 222, 225, 231
see also Trade and Cooperation Agreement (TCA).
competition policy, 223224, 226
Comprehensive Economic and Trade Agreement (CETA), 197, 259
Concession Contracts Regulations 2016, 279
consent principle, 24, 153
Conservative Party, 67
constitutional statutes, 109, 118, 121, 125127
consumer protection, 40
excluded from the Protocol, 71
contracts, 197198, 269, 272, 274, 276, 277, 280, 296, 298, 304
reservation ‘beyond covered procurement’ for local suppliers, 278
see also sub-threshold contracts.
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), 74, 253
coronavirus (Covid-19), 47, 57, 135, 230
Court of Justice of the European Union (CJEU), 9, 18
annulment proceedings, 312313
case law on trade remedies, 315
competence in respect of EU citizens’ rights, 116
dispute settlement, 5560
arbitration provisions, 62
controversy in role, 55
practical application, 5860
provisions of the Protocol, 5558
driving role in UK’s withdrawal from the EU, 55
enforcement role of Protocol provisions, 7778, 108109
experience using the interpretive methodology of the VCLT, 90
imposition of punishment for breach of the Protocol, 112
influence of CFR on retained jurisprudence, 162
jurisdiction
potential triggering of, 56
provisions under the Protocol, 42, 120, 319320
post-Brexit status in UK law, 163164
preliminary reference procedure, 153, 316
provisions under Protocol modifications to the WA, 12
public procurement reform in the UK, 279
relationship with the CFR, 160
requirement for UK to engage in case law, 10
‘sincere co-operation’, application of the concept, 97
state aid controls and, 77
state aid, summary of case law, 239
covered procurement, 270272, 275, 276278
Covid-19, 47, 57, 135, 230
Crawford, James, 82
creative industries, 262
criminal law and procedure, 88, 156, 157, 285286, 289, 294
Criminal Record Information System (UKCRIS), 291
cross-border co-operation, 50, see also North–South co-operation
Crown Dependencies, 173
CTA Memorandum of Understanding. see Memorandum of Understanding (CTA)
Cummings, Dominic, 269
customary international law, 8081, 84, 87, 89
customs declarations, 73, 75, 211, 214
complexity, 217
function of, 216
traders’ responsibilities, 217218
customs duties
GB to Northern Ireland movement of goods, 74
goods entering Northern Ireland, 208
Union system of relief, 72
waiver scheme, 214215
customs legislation, EU, continued application in Northern Ireland, 208
customs territory, provisions under the Protocol, 72
Cyprus, 10
damages
capping level of, 280
claiming for breach of UK competition law, 228
EU law, 148
state aid and, 233
state liability (Francovich rule), 155
damages actions, 39
Damages Directive, 228
data protection and privacy, 167, 178, 293294
decommissioning, addressed in 1998 Agreement, 23
democratic consent mechanism, 11, 14, 58, 118, 124, 126, 137, 227
Democratic Unionist Party (DUP), 7, 183
Denmark, 298
Department of Agriculture Environment and Rural Affairs, 249
DeSouza case, 186, 190191
devolution, Northern Ireland, 2, 25, 28, 120, 123, 127, 147, 153, 235, 286
Dicey, AV, 127
Digital Markets Act, 223
digital trade, 259
direct effect
Article 2 of the Protocol, 154155
conditions for, 111
denial in TCA, 3638
discrimination and, 198
EU law, 77, 109, 131
good faith and, 100
human rights and, 154155
intra-corporate transferees and, 201
meaning of, 154
potential operation through TCA, 33, 36
provisions under the WA, 4142, 110111, 131
section 7 A EUWA 2018 and, 109110
Union law, 110, 131
direct rule, 143
Directives
anti-discrimination, 143, 151152
direct effect, 154
social, 143
see also under individual directives.
disabilities, protections for rights of persons with, 152
dispute resolution mechanism (DRM), 112, 113
dispute resolution, public procurement, 278
dispute settlement, 5565
arbitration procedure, 6064
Commission’s initiation of procedures, 16
controversy in the role of the CJEU, 55
Joint Committee and, 46, 318
judicial review
under EU law, 312316
under UK law, 316318
under the WA, 318320
jurisdiction of the CJEU, 5560
likely role of Article 5 WA, 102
preliminary reference procedure, 315316
safeguard provisions, 312320
district council, 148149
divergence
attributed to Brexit, 148
built-in mechanism for, 223
environmental regime, potential for and impact of, 249252
likely increase, 227228
potential impact, 183, 222, 251
regulatory regimes, 70
tariffs, 69
dualism, international law, 13, 130
dynamic alignment, 11, 13, 48, 250
East–West dimension, 2, 23, 25, 7476
ECN+ Directive, 228
education
North–South co-operation, 12, 25, 52, 122
potential triggering of CJEU jurisdiction, 57
rights under the CTA, 133, 179
eels, 253
EFTA Court, 92, 95, 9798, 101, 155
elections
CTA and, 173, 179, 195
rights of EU citizens to vote and stand, 148149
employment rights, 133, 147, 150, 178
energy
North–South co-operation, 12, 122
potential triggering of CJEU jurisdiction, 57
enforcement
by Commission, 111
by individuals, 110111
enforcement actions, 226
enforcement of foreign judgments, 296, see also jurisdiction/recognition and enforcement
environment, 221
North–South co-operation, 12, 25, 52, 122
potential triggering of CJEU jurisdiction, 57
Environment Bill (UK), 251
environmental impact
of border controls, 252255
see also under environmental protection.
environmental protection, 245255
Brexit and the possibility of increased regulatory divergence, 249252
exclusions from the Protocol, 71
impact of links to trade, 246
level playing field provisions (Title XI TCA), 248
Northern Ireland, continued compliance with EU environmental law, 246
on the island of Ireland, 245246
potential negative impacts of border controls, 252255
provisions under the TCA, 248
provisions under the 1998 Agreement, 245
risk of decline in Northern Ireland, 251
equal pay, 143
equal treatment, 70, 114115, 160, 272, 276
Equality Commission for Northern Ireland (ECNI), 25, 53, 152, 153
equality, human rights and. see human rights and equality
ERASMUS, 179, 189, 263, 267
EU citizens
citizens’ rights, 116
classification under UK immigration rules, 196
rights under the WA for UK residents, 144
rules on entry to Ireland for Northern Ireland residents, 199
rules on entry to Northern Ireland for residents of Ireland, 196
see also non-Irish EU citizens.
EU citizenship, 144, 150, 184, 187188, 189, 195, 202
EU Commission, ‘beyond covered procurement’ response, 277
EU Common External Tariff, 208, 211
EU competition law, adaptations in, 228
EU Customs Code, 72, 75
EU customs legislation, continued application in Northern Ireland, 208
EU Customs Union, 11, 37
EU Governance of the Protocol, legal structure, 3343
EU internal market, protecting the integrity of, 56
EU law
continued application in Northern Ireland, 247
domination of private international law by, 296, 298
general principles, 120, 127, 151, 160, 162, 163
judicial review under, 312316
legal underpinnings of the 1998 Agreement, 147148
retained. see retained EU law
EU Merger Control Regulation, 228
EU Settlement Scheme Residence Card, 202
EU single market, 112, see also Single European Market
EU–Canada Comprehensive Economic and Trade Agreement (CETA), 197
Eurojust, 285, 292293, 295
European arrest warrant (EAW), 285, 286, 287, 290
European Arrest Warrant Framework Decision (EAW FD), 286288
European Coal and Steel Community (1951), 232
European Commission
adjudication role, 228
attempts to impose export restrictions on movement of Covid-19 vaccines, 314
co-operation and co-ordination agreement, 226
data protection and, 294
infringement proceedings against the UK, 319320
initiates dispute settlement procedures of Protocol, 16
objections to UK Internal Market Bill, 1516
requirements with regard to UK internal market, 237
safeguard provisions and, 313
sanctioning powers, 230
state aid role, 232233
supervisory jurisdiction, 77
European Communities Act 1972 (ECA), 14, 109, 121, 125, 130, 159
European Competition Network (ECN), 229
European Convention on Extradition (1957), 286
European Convention on Human Rights (ECHR), 18, 25, 29, 83, 87, 88
continuing UK membership, 147
judicial co-operation and, 294295
obligations on the Irish government to incorporate into Irish law, 145
post-Brexit status in UK law, 163164
potential impact of a UK withdrawal, 148, 157
relationship with ‘fundamental rights’, 160
TCA and, 156157
European Court of Human Rights (ECtHR), post-Brexit status in UK law, 161, 163164
European Court of Justice (ECJ), 46, 319
European Criminal Records Information System (ECRIS), 291
European Data Protection Board (EDPB), 293
European Economic Area (EEA), 18
Article 1 objectives, 95
comparison with Protocol provisions, 11
dismissal of suggestions that the UK should join, 6
duty of ‘sincere co-operation’ or ‘loyalty’, 92, 95, 96
EEA–EFTA separation agreement, 114
Lugano Convention and, 303
residents’ card, 202
European Free Trade Association (EFTA), 18
EEA–EFTA separation agreement, 114
EFTA Court jurisprudence, 98, 101, 155
loyalty provision, 97
Lugano Convention and, 303
sincere co-operation and, 92, 97
Surveillance Authority, 101
European Health Insurance Card (EHIC), 189, 263
European Investigation Order (EIO), 292
European Parliament
Civil Liberties, Justice and Home Affairs (LIBE) Committee, 294
data protection resolution, 294
no obligation to discuss decisions of Joint Committee, 47
potential annulment action, 313
European Social Charter, 156
European Union (EU)
Charter of Fundamental Rights. see Charter of Fundamental Rights (CFR)
disputes with UK concerning the Protocol, 1516
policy implementation role of North–South bodies, 24
‘red lines’, 9
role in easing tensions between the UK and Irish governments, 34
status of the 1998 Agreement, 21, 30
unacceptability of a ‘hard’ border on the island of Ireland, 8, 11
European Union (Future Relationship) Act 2020 (EUFRA), 18, 33, 108, 281
and enforcement of rights, 3336
European Union (Withdrawal Agreement) Act 2020 (EUWAA 2020), 33, 107
amendment of EUWA 2018, 119120
CFR and, 165
citizens’ rights and, 114
contents and scope, 33
interconnected provisions in the WA and, 164
provisions for NIHRC and ECNI monitoring roles, 153
European Union (Withdrawal) Act 2018 (EUWA 2018), 18
concept of ‘retained’ EU law, 246
contents and scope, 33
Francovich liability and, 155
interplay between the NI Act 1998 and, 125126
Protocol and, 119121
provision for continued supremacy of EU retained law, 108
repeal of ECA 1972, 159
retained law and rights, 4041
section 10
safeguarding of North–South co-operation, 122123
significance, 123
section 7A
Article 2 of the Protocol and, 153
catch-all nature, 121
direct effect provisions, 42
effect of combined with Article 4(1) WA, 110, 120
function, 14
legal hybridity and, 121
provisions, 120
remedies under, 108, 166
Europol, 285, 292293, 295
EU–UK Joint Report (December 2017), 133
EU–UK Trade and Cooperation Agreement, 18
EU–UK Withdrawal Agreement, 1, 18, see also Withdrawal Agreement (WA)
exit day, 34, 41, 107, 159, 161, 163
extradition, 4, 13, 285, 286290, 295
grounds for refusal, 288290
Fair Employment and Treatment Order (1998), 143
family members
CTA’s blindness towards, 203
of British nationals in Northern Ireland, 203
of EU citizens, 195, 200, 202
of Irish citizens, 200, 202203
financial services
drivers of reticence on the EU side, 257
uncertain trajectory in the UK, 265
fisheries, inland. see inland fisheries
fishery and aquaculture products, 72, 215
food imports, 58
food safety, 75
food safety, North–South co-operation, 52
food serving services, 271
food standards and labelling, 247
food, for sale in the UK, 213
foreign judgments, enforcement of, 296, see also jurisdiction/recognition and enforcement
Forum on Immigration Matters, 180
Framework Convention on National Minorities, Council of Europe, 29
Francovich liability, 120, 123, 127, 155
free movement of persons, non-engagement of Treaty rules, 71
free movement of services, non-engagement of Treaty rules, 71
free movement rights
under the 1998 Agreement, 176
under the CTA, 150, 176
free trade agreements, 4, 8, 197, 208, 250, 258259
freedom to provide services, 199, 201
frontier workers
addressed by MOU, 178
definition, 115
pre- and post-Brexit position, 196197
rights under the WA, 115
Frost, Lord, 4546, 52, 59, 112
fundamental rights
Charter of Fundamental Rights, 159169
derivation, 161
human rights and equality issues, 143158
see also Charter of Fundamental Rights; human rights and equality.
future relationship, 9, 128, 188, 208
negotiations, 188
TCA and enforcement of rights, 3336
see also European Union (Future Relationship) Act 2020 (EUFRA).
Garda Síochána, An (AGS), 4, 285, 290, 295
gas market, 224225, 271
gender discrimination, 143, 146, 152
gender equality, 192
General Agreement on Tariffs and Trade (GATT), 310
General Data Protection Regulation (GDPR), 293
General Election (2017), 7
General Election (2019), 79
General Election (2020), 8
general principles of EU law, 120, 127, 151, 160, 162, 163
‘get Brexit done’ rhetoric, 7, 79, 257
Gibraltar, 10
Global Health Insurance Card, 189
good faith, 92103
general principle of international law, 92
implications of obligations, 98101
interpreting references to, 93
justiciability, 98
Good Friday Agreement (1998 Agreement), 1, 2130
alterations to application of arrangements, 22
challenges posed by the UK’s exit from the EU, 23
commitments on human rights and equality, 25
context and content, 2225
continuing UK membership of ECHR and, 147
design, 23
environmental protection provisions, 245
human rights and equality legislation facilitated by, 143144
implementation mechanisms, 13
influence on the shape of Brexit, 184
legal status
international law, 2527
Ireland, 2830
United Kingdom, 2728
legal underpinnings in EU law, 147148
legitimacy, 23
‘no diminution’ protection, 293
North–South co-operation provisions, 122
outline, 2
‘parity of esteem’ principle, 192
potential impact of decline in environmental protection in Northern Ireland, 251
Protocol in Irish Law and, 135138
rights and safeguards under Article 2 of the Protocol, 11, 23, 145151, 152, 188
scope of rights protection, 145
status in the USA and the EU, 21
structure, 23
three-stranded approach, 23, 2425
goods ‘at risk’ of entering the EU, 211212, 213, 215
Gove, Rt Hon Michael, 45
governance
all-island environmental governance, 255
CTA governance and visas, 180181
domestic, 153154
establishment of arrangements, 10, 12
EU, 3343, 160
international, 10, 152
Ireland, 129139
multilevel, 246
Northern Ireland, 118128, 183
pre-Brexit, 24
role of the SCLE&JC, 293
UK, 107117
grace periods
Commission objects to UK extension, 101, 112
establishment of, 49
expectations for end of, 254
temporary effect, 76
UK’s unilateral extension, 46, 58, 101, 320
Great Britain, 5, 18
Green Paper, ‘Transforming Public Procurement’, 279280
Guernsey, 173
Hague Convention on Choice of Court Agreements (2005), 304305
hard border, avoidance of, 9, 78, 85, 95, 112, 137, 207, 252
health
North–South co-operation, 12, 25, 52, 122
potential triggering of CJEU jurisdiction, 57
health certificates, 211
health services, 173
health care, CTA and, 134, 178
Henry VIII clause, 34
higher education
ERASMUS scheme, 179, 189
North–South co-operation, 12, 122
potential triggering of CJEU jurisdiction, 57
‘Hipster’ competition, 223
HM Revenue and Customs (HMRC), 218
Hoffmann, Lord, 27
Horizon Europe, 266
House of Lords EU Internal Market Sub-committee, 236
House of Lords European Union Committee, 54
human rights
commitments under the 1998 Agreement, 25
continuing UK membership of ECHR, 147
criminal justice context, 157
dependence on strong rule-of law-culture, 169
evolution in EU law, 159160
Irish government’s protection efforts, 2930
TCA and, 13
see also European Convention on Human Rights (ECHR); human rights and equality; Northern Ireland Human Rights Commission (NIHRC).
Human Rights Act (1998), 125, 143, 163164, 166168, 295
human rights and equality, 143158
Article 2 of the Protocol
anti-discrimination clause, 145, 151152, 154
application, 144145
direct effect, 154155
general clause, 145151
governance
domestic, 153154
international, 152
interlocking elements, 145
primary obligations of devolved institutions, 153
rights and safeguards under the 1998 Agreement, 11, 23, 145151, 152, 188
ultimate sanction for violation, 152
Irish Human Rights and Equality Commission, 29
provisions under the TCA, 155157
identity and citizenship in Northern Ireland, 183193
birthright provision of the 1998 Agreement, 185187
continuation of ‘EU rights, opportunities and benefits’, 187188
exacerbation of tensions by Brexit, 183, 193
intertwining of Brexit and, 184
mitigating for Brexit, 188192
‘parity of esteem’ under the 1998 Agreement, 192
Yeats’s ‘no petty people’ narrative, 192, 193
Immigration Act (2004), 174
immigration policy, 116, 174, 180, 186, 190191, 196, 199, 201, 286
implementation period, 8, 108, 114, 116
implementing legislation, 13, 14, 44, 107109, 111112, 136, 149, 212
Independent Monitoring Authority (IMA), 116
individual enforcement, 110111
inland fisheries
North–South co-operation, 12, 122
potential triggering of CJEU jurisdiction, 57
intellectual property, 40, 87, 221, 231
Intergovernmental Agreement on Co-operation in Criminal Justice, 285
Internal Market Act, 250
Internal Market Bill, UK government’s proposal, 15
International Bureau of the Permanent Court of Arbitration, 61
International Competition Network (ICN), 229
International Court of Justice, 26
International Labour Organization Conventions, 156
international law
Article 10 of the Protocol and, 237
EU–UK relations and, 129, 138
future relationship and, 128
‘good faith’ principle, 9293 see also good faith.
Ireland’s and the UK’s dualist approach, 13
legal structures for co-operation, 122
public, 34, 55, 6263, 80, 229
rules on treaty interpretation, 8091
status of the 1998 Agreement, 2527
TCA stipulation, 13, 94
UK Internal Market Bill and, 169
UK obligations, 144
uncertainty over UK’s compliance, 16
see also private international law.
International Law Commission, 86
international maritime trade, 259
interpretation of treaties, 8091
central articles of the VCLT, 90
conflicts, 8990
effectiveness principle (effet utile), 84
general framework of rules, 8183
goal under the VCLT, 82
international law rules, 8091
peremptory norms and other treaties, 8990
roles of subsequent agreements and other rules of international law, 8588
supplementary means, 89
TCA and WA provisions, 8081
text-based starting point, 8485
interpreting the Protocol, 6979
invasive species, 252
Ireland
border crossing rules for third-country nationals resident in, 199201
Brexit mitigation efforts, 261262
Common Travel Area arrangements, 173
dualist approach to international agreements, 130
dualist approach to international law, 13
exchange of information between the UK and, 291293
extradition relationship between the UK and, 286290
implementation approach to the WA, 13, 14
legal status of the 1998 Agreement, 2830
population, 194
rules on entry for EU citizens resident in Northern Ireland, 199
Ireland–Northern Ireland Protocol, 18, see also Protocol
Irish Border, 136, see also border, Ireland–Northern Ireland
Irish citizens residing in Northern Ireland, rights under the WA, 144
Irish Constitution (1937), 29, 135
Irish government
action on services, 263
border concerns, 184
co-guarantorship, 27
determination to limit the impact of Brexit, 261
ERASMUS scheme and, 179, 189, 266
human rights and, 29, 145, 151
Joint Committee meetings and, 47
significance of the CTA, 180
Irish Human Rights and Equality Commission, 29
Irish language, 192
Irish Parliament, 134
Irish Sea border, 207218
background, 8
border dilemmas caused by Brexit, 207
introduction and impact under the Protocol, 208209
potential impact on Northern Ireland trade, 216218
rushed guidance on, 215216
TCA and, 12
treatment of goods
moving from GB to Northern Ireland, 211216
moving from Northern Ireland to GB, 209211
island of Ireland
Brexit’s unique challenge, 129
cross-border co-operation, 50 see also North–South co-operation.
‘equivalence’ under the 1998 Agreement, 30
establishment of an all-island economy, 3
EU membership and cross-border trade in goods and services, 34
Joint Committee of the Human Rights Commissions, 25
population of non-UK or non-Irish citizens, 194
potential for imposition of trade barriers within, 309
significance of the 1998 Agreement for, 135138
Single Electricity Market, 12, 225
unacceptability of a ‘hard’ border, 8, 11
unique circumstances, 137
and the necessity of the Protocol, 7072
see also North–South co-operation.
Isle of Man, 2, 25, 173
Israel, 304
Italian Torpedo, 303
Jersey, 173
Johnson, Boris, 5, 7, 8, 14, 37, 72, 184, 234, 236, 257
Joint Agency Task Force, 285
Joint Committee, 18
Article 2 of the Protocol and, 152
dispute settlement and, 46, 318
establishment, 10
formal and informal, 4445
monitoring and reviewing role, 5051
operation of, 47
powers, 4748
remit, 4850
responsibilities for deciding customs arrangements, 208
responsibilities under the Protocol, 49
role in West-East trade arrangements, 73
Joint Committee of the Human Rights Commissions, 25, 53
Joint Consultative Working Group (JCWG), 12, 18
function, 44
operation of, 5354
Joint Cross-Border Policing Strategy, 285
Joint Investigation Teams, 293
judicial co-operation, 285295
challenges of Brexit, 285286
exchange of information between the UK and Ireland, 291293
extradition relationship between the UK and Ireland, 286290
oversight and ancillary concerns, 293295
prisoner transfer, 292
transmission of an arrest warrant, 290
judicial review
domestic, 39, 153, 316318
EU law, 312316
fundamental review of, 168
standing requirements under UK law, 317
state aid and, 233
under the WA, 318320
judiciary, Brexit-related criticisms, 168
jurisdiction, 296305
common set of rules established, 298
effect of Brexit on, 299302
EU conflict of laws rules, 298299
jurisdiction/recognition and enforcement, alternative approaches for post-Brexit UK, 302305
Brussels Convention, 302
Hague Convention on Choice of Court Agreements, 304305
Lugano Convention, 302304
jus cogens, 89
justice
addressed in the 1998 Agreement, 23
criminal justice co-operation, 285, 294, 295
fundamental rights and, 161
human rights and, 156157
North–South co-operation, 12, 122, 293
potential triggering of CJEU jurisdiction, 57
Labour Party, 6
labour rights, 144, 156, 221
Law Applicable to Contractual Obligations and Non-contractual Obligations (2019), 300
Law Enforcement Directive, 293
legal hybridity, 118119, 121, 127128
legal language of the Protocol, challenges for traders, 215
level playing field
environmental standards, 248
function, 156
rights and, 3640
TCA and, 13, 221225
see also under competition law; Trade and Cooperation Agreement (TCA).
linguistic diversity, protections under Article 2 of the Protocol, 147
litigation
competition law, issues needing to be addressed by, 229
concerning interpretation of the Single Market and customs arrangements, 12
DeSouza litigation, 190
EU level harmonization of jurisdiction rules and, 299
fixes for third state litigation, 303
on birthright provision of the 1998 Agreement, 186
role of the CJEU at domestic level, 12, 315
Lough Neagh eel fishery, 253
Loughs Agency, 245
loyal co-operation, duty of, 63, 92, 95, 9798, 101, 102
loyalists, 4, 8, 16
loyalty, principle of, 9293, 97
Lugano Convention, 302304
Magna Carta, 125
Maternity and Parental Leave Directive, 143, 152
May, Theresa, 5, 67, 37, 72, 184, 233
Memorandum of Understanding (CTA)
family members, 200
financial services provisions, 258
health care and reimbursement arrangements, 134
reaffirmation of the Irish and UK governments’ commitment, 116, 133
rights and privileges, 177180, 194
Mexico, 304
migrant workers, 174
Modernisation Regulation, 228229
monitoring and reviewing, role of the Joint Committee, 5051
monopolies, 225
Montenegro, 304
Morgan, Austen, 190
multilevel governance, 246
mutual recognition
certain short-stay visas, 200
EAW system, 287
ending of, 260, 289
facilitating post-Brexit, 263265, 267
national qualifications, 264
principle of, 250
professional qualifications, 12, 178, 257, 259, 264, 267
national ID card, 196, 199
nationality-based discrimination, 186, 187, 198
nature conservation, 247
negotiations
1998 Agreement, 13, 17, 21, 23, 27, 185
apparent absence of jurisdiction/enforcement rules, 302
Article 50, scope of, 810
decision to authorize the triggering of, 6
peace process, 3
post-Referendum negotiations, 1
net-zero, 248
New (Northern) Irish
challenges experienced by when crossing the Ireland–Northern Ireland border, 195, 203
definition, 194
EU citizenship rights, 195
percentage of the population on the island of Ireland, 195
New Decade, New Approach, 47, 190
‘no petty people’ narrative of WB Yeats, 192, 193
‘no-diminution’ commitment
applicability, 148, 150
‘birthright’ provision and, 147, 150
‘but for’ test, 148
protection of, 11, 144, 146
scope, 145, 155
UK commitment, 11
non-discrimination principle, 57, 114, 160, 199, 203, 224, 225, 256, 273274
non-Irish EU citizens
potential impact of restrictions on cross-border work for, 198
provisions for family members, 200
‘non-nationals’, definition in Irish law, 134, 177
non-regression, 248249, 250
non-tariff barriers, 252253
Northern Ireland, 25
anger over implementation of the Protocol, 16
application of EU rules to, 11
border crossing rules for third-country nationals resident in, 201203
challenges posed by the UK’s exit from the EU, 23
citizens’ rights under the Protocol, 164
constitutional status, 24, 27, 137
continuation of single market provisions, 42
continued application of EU law, 247
continued application of the EU’s customs legislation, 208
democratic consent mechanism, 11
devolved government, 2
divergence from GB trade rules, 70
domestic legal implementation of the 1998 Agreement, 14
dynamic alignment under the Protocol, 48
environmental regime, 246249
potential for and impact of divergence, 249252
Equality Commission for Northern Ireland (ECNI), 25, 53, 152, 153
franchise for district council elections in, 148
impact of the Irish Sea border on traders in, 216218
obligations in relation to the two constitutional orders, 118
passport requirements for EU citizens resident in Ireland, 196, 199
post-Brexit status, 129
potential impact of non-application of the mutual recognition principle, 250
power-sharing arrangements, 2, 24, 47, 190
pre-Referendum consideration of the potential impact of a ‘leave’ vote on, 12
public opinion on Brexit, 7
rules on entry for EU citizens resident in Ireland, 196
special relationship with Ireland, 129
Troubles, 287
value of services sector, 256257
voting rights in district council elections, 148149
Northern Ireland Act (1998), 1415, 2728, 30, 118, 127, 143
constitutional status, 125
interplay of EUWA 2018 with, 125126
Protocol and, 121124
Northern Ireland Assembly, 2, 24
British government’s policy commitments, 147
changes to number of members, 23
‘democratic consent’ provisions, 58, 107, 124, 153
obligations of the British government, 147
remedy for withholding of consent, 50
suspension, legislation enacted by Westminster/UK government ministers during, 143
Northern Ireland backstop, 5, 184
Northern Ireland Civil Service, 52
Northern Ireland Constitution, 118119, 126128
Northern Ireland Executive, 22, 24, 47, 286
Northern Ireland Human Rights Commission (NIHRC), 25, 53, 152, 153, 294
North–South bodies, 2, 4, 12, 245
North–South co-operation
constitutional significance of the Protocol for, 138
maintaining necessary conditions for, 11, 50, 95, 137, 293
provisions under the Protocol, 50, 56, 122
safeguarding under section 10 EUWA 2018, 122123
shape of Brexit and, 184
six areas of agreed co-operation, 25
North–South dimension of the 1998 Agreement, 23
North–South Implementation Bodies, 25, 52
North–South Ministerial Council, 24, 52, 122, 136, 245, 255
Oireachtas, 13, 134
onward movement, goods at risk/not at risk of, 74, 75
Organisation for Economic Co-operation and Development (OECD), 225
origin of goods, 213, 217
Parliament, UK. see Westminster Parliament
Partnership Council, 293
Part-Time Work Directive, 143, 151152
passporting, 260, 265
peace process in Ireland
challenges of Brexit for, 137, 193
EU’s supporting role, 129, 136, 139
Penrose Report, 223
peremptory norms, 89
Permanent Court of Arbitration, 61
pesticides, 247
petition of concern mechanism, 124, 126
pets, 59, 113
Police Service of Northern Ireland (PSNI), 4, 285, 287, 290, 295
Political Declaration, 36, 85, 208
political offence exception, 287, 288
ponies, 254
power-sharing, Northern Ireland, 2, 24, 47, 190
pre-settled status, 114115, 116
Preamble to the Protocol, 84, 129, 147, 188
pregnancy rights, 152
pregnant workers, 152
preliminary rulings procedures, 56, 319
pre-trial detention, 288
prisoners, addressed in the 1998 Agreement, 23
private international law
Brexit and, 296, 297
commercial disputes and, 12
domination by EU law, 296, 298
facilitation of cross-border enforcement of commercial judgments, 4
procedural fairness, 226
Procurement Policy Note (PPN), 276, 277
procurement reform (UK), 269, see under public procurement
professional qualifications, mutual recognition, 12, 178, 257, 259, 262264, 267
professional services, 259, 263264
prorogation of UK Parliament, 7
Protocol
as device to ‘get Brexit done’, 79
calculated ambiguity, 69
challenge launched by unionist politicians in NI courts, 15
committees, 4454see also Committees of the Protocol.
constitutional significance, 137
content and scope, 70
customs territory provisions, 72
disputes concerning, 1516
East–West trade (GB to Northern Ireland), 7476
enforcement, 7778
evasive terms, 72
future of, 1617
interpreting, 6979
Irish law, 129139
1998 Agreement, 135138
Common Travel Area, 133135
status and effect, 130132
misrepresentation by the UK government, 69
Northern Ireland law, 118128
constitutional statutes and, 125127
EUWA 2018 and, 119121
NI Act 1998 and, 121124
objectives and impact, 118119
post-Brexit significance, 139
provisions under Article 3 on movement of persons, 194
purpose, 7072, 118119, 137
reasons for existence, 7072
state aid controls, 7677
West-East trade (Northern Ireland to GB), 7274
Public Contracts Directive, 279
public international law, 34, 55, 6263, 80, 229
public procurement, 269281
annual spending in the UK and the EU, 269
aspects regulated by the GPA, 272
‘beyond covered procurement’, 275278
potential exclusion of SMEs, 269, 277
provisions under the TCA, 275276
reservation of contracts for local suppliers, 278
responses, 277278
terms under the Protocol, 276277
UK government plans for the SME sector, 277278
covered procurement, 271275
additional procuring entities, 271
additional rules, 272275
additional services, 271
general post-Brexit framework (TCA/GPA framework), 270271, 281
legislation facilitated by 1998 Agreement, 143
modifications, rectifications and dispute resolution, 278
post-Brexit flexibility, 281
reform in the UK, 278281
amendments, 278279
Green Paper on ‘Transforming Public Procurement’, 279280
potential issues, 280
tendering requirements, 279
termination rights, 279
SMEs, 277
Special Drawing Rights, 271
World Trade Organization (WTO)’s General Procurement Agreement (GPA), 270, 272, 274, 277, 279
Public Procurement (Amendment etc) (EU Exit) Regulations 2020, 278
reciprocal rights, WA provisions, 144
referendums
1998 Agreement, 22
amendment of Irish constitution, 2829
see also Brexit referendum.
‘regression by default’, 249
regulatory alignment, 37, 70, 76, 253, 257, 303304
remedies
CJEU case law on trade remedies, 315
ensuring courts/tribunals have power to impose, 38
for failure by the UK to track replacement Directives, 100
for human rights violations, 167
provision under Article 2 of the Protocol, 147
provision under Article 5 WA, 100
provision under section 7 A EUWA 2018, 108, 166
public procurement, 274275
TCA specifications, 39, 274275
temporary, 319
‘trade remedies’ permitted under WTO law, 310, 314
reputational damage, 79
residency rights
EU citizens, 150151
scope of the WA, 114
settled vs pre-settled status, 114116
retained EU law
adaptation and its impact, 249
CFR’s influence, 162, 169
concept of, 246
environmental protection, 246
potential for divergence within GB, 250
potential for modification in Northern Ireland, 120, 127
provisions under EUWA 2018, 14, 4041, 108
UK government’s proposal to replace EU state aid law with ‘guidance’, 237
retained-EU law, likelihood of repeal, 162
rights
labour rights, 144, 156, 221
level playing field provisions and, 3640
reciprocal rights, 144
self-determination rights, 24
social housing rights, 179
social protection rights, 179
social rights, 144, 156, 180
see also citizenship rights; civil rights; fundamental rights; human rights; human rights and equality; residency rights.
road haulage, 259
Robinson case, 27, 28, 118, 125
Rome Convention of 1980, 298
Rome I Regulation, 299, 300
Rome II Regulation, 299, 300
Royal Prerogative, 6
rule of international law, 17, 26
rule of law
basis of CFR, 161
decline in the UK’s culture of, 168
human rights and, 157, 168169, 294
rules of origin, 272
safeguard provisions
annulment proceedings, 313, 316
dispute settlement, 312320
EU–UK trade relationship context, 311312
invoked by both the European Commission and the UK, 15
judicial review
EU law, 312316
UK law, 316318
WA, 318320
North–South co-operation under section 10 EUWA 2018, 122123
potential for imposition of trade barriers within the island of Ireland, 309
Protocol’s introduction, 12
WTO regime, 310
comparison with, 320
sanitary and phytosanitary controls (SPS), 11, 211, 245247, 252253
Schengen system, 133, 174, 175, 287
Scotland, 2, 5, 25, 125
secondary policies, 269, 273, 280281
Second-Generation Information System (SIS II), 285
Second World War, 174
security
addressed in the 1998 Agreement, 23
fundamental rights and, 161
North–South co-operation, 12, 122, 293
potential triggering of CJEU jurisdiction, 57
Šefčovič, Vice President, 4546, 112
self-determination, rights under the 1998 Agreement, 24
services, 256268
Brexit Services Deal, 258261
Common Travel Area and, 262
impact on creative service industries, 266
impact on financial services, 264266
impact on professional services, 263264
Irish government action and, 263
Irish reservations, 261262
moderating the effect, 261263
recognition of professional qualifications and, 262, 263
examples of cross-border provisions, 198
importance to modern economies, 256
reasons for the failure to reach a better deal on, 257
single market in, 257
value of sector in Northern Ireland, 256257
settled status
and right of entry into Northern Ireland, 199
application process, 114115
deadline for submitting an application, 115
sex-based rights, 146147
sexual orientation, anti-discrimination, 143
Shared Island Unit, 29
Short-Stay Visa Waiver Programme, 200, 201
sincere co-operation, duty of, 63, 92, 95, 9798, 101, 102
Singapore, 304
Single Electricity Market, 12, 56, 225
Single Market
CJEU’s role, 12
continuation in Northern Ireland, 42
for goods, 184
Ireland as a stepping-stone for access to, 267
maintaining the integrity of, 11, 112
potential impact of Brexit, 267
risk posed by goods entering Northern Ireland from outside the EU, 49
in services, 257, 258
UK’s exit from, 37
Single Use Plastics Directive, 248
Smith, Lisa, 186
social housing, rights under the CTA, 179
social inclusion, obligations on the UK government under the 1998 Agreement, 147
social protection, 134, 166, 179
social rights, 144, 156, 180
social security, 34, 115, 134, 180
soft border, 7172
soft legislation, 234235
sovereignty, 4, 8, 23, 35, 56, 127, 183, 193
Special European Union Programmes Body, 25
Special Immigration Appeals Commission, 186
Specialised Committee, 12, 18, 44, 5052, 152, 225, 288
Specialised Committee on Ireland–Northern Ireland (INISC), 18, 5153
Article 2 of the Protocol and, 152
function, 44
JCWG’s reporting role, 53
operation of, 5152
remit, 5253
Specialised Committee on Law Enforcement and Judicial Cooperation (SCLE&JC), 288, 289, 292, 293, 294, 295
Specialised Committees, Joint Committee’s responsibilities, 48
sport
North–South co-operation, 220
potential triggering of CJEU jurisdiction, 57
St Andrews Agreement (2006), 22
state aid, 232
Article 10 of the Protocol
background, 233234
terms, 234236
UK government’s conduct during the transition period, 236239
definition, 232, 239
dispute resolution, 242243
effects on trade as a crux issue, 238, 239242
Protocol’s treatment, 7677
references to in the TCA, 220
role of the European Commission, 232233
state aid rules, 70
state liability principle, 56
state-owned enterprises, 225
statutory instruments, 34, 174, 250
subsidiarity principle, recognition in the CFR, 161
subsidy controls, 3839, 40
sub-threshold contracts, 269, 276277, 281
summary declarations, 73, 75
supremacy of the EU law principle, 119, 127
Supreme Court (United Kingdom), 36
sustainable development, competition law and, 36, 221, 222, 225, 231
‘take back control’ rhetoric, 45, 183
tariffs
applicability on goods moving from GB to Northern Ireland, 211, 214
Common Customs Tariff, 72, 213
Common External Tariff, 208, 211
divergent, 69
telecommunications, 259
North–South co-operation, 12, 122
potential triggering of CJEU jurisdiction, 57
terminology, choice of, 1718
terrorism, increasing concerns regarding the threat of, 216
third countries, exportation of goods from the Union to, 74
third-country nationals resident in Ireland, border crossing rules for, 199201
third-country nationals resident in Northern Ireland, border crossing rules for, 201203
third-country nationals, meaning of, 175, 199
third-country nationals, 199, 201202, 260, 291
Thoburn case, 125, 126
tort, 296297, 299
tourism, 2
North–South co-operation, 12, 25, 52, 122
potential triggering of CJEU jurisdiction, 57
TRACES (TRAde Control and Expert System), 253
trade
environment and, 245255
GB to Northern Ireland, 7476
Northern Ireland to GB, 7274
North–South co-operation, 52
potential impact of environmental controls at borders, 252255
Trade and Cooperation Agreement (TCA)
Article 3 obligations, 97
Article 773, 309312, 320see also safeguard provisions
Brexit Services Deal. see under services
categories of persons entitled to stay temporarily in the UK, 197198
comparison with CETA, 259
competition law
enforcement and co-operation, 226227
generally, 220221
contents and scope, 33
covered procurement, additional services, 271
dispute settlement rules, 293
environmental protection provisions, 248
EUFRA and enforcement of rights, 3336
financial services provisions, 264
human rights provisions, 155157
impact on creative industries, 266
implementation, 107
information exchange provisions between UK and Ireland, 291293
interpretation criteria, 94
interpretation provisions, 8081
judicial co-operation arrangements, 286, 295
lack of a mobility chapter, 196197
level playing field provisions (Title XI), 221225
competition and the ‘level playing field’, 222223
competition policy, 223224
conceptual relationship with private rights, 3738
electricity and gas, 224225
environmental protection, 248
function, 156
rights and, 3640
state-owned enterprises, enterprises granted special rights or privileges and designated monopoly, 225
UK implementation of private rights, 3840
mobility of persons, 260
outline, 1213
preamble, 84
provisions for modifications and rectifications of market access commitments, 278
public procurement
‘beyond covered procurement’, 275276
framework, 270
incorporation of GPA provisions, 272275
SMEs, 277
relationship with the ECHR, 88
rights of family members of EU citizens, 201
safeguard provisions, 311312
services provisions, 258260
short-term work provisions, 201
silence on jurisdiction/enforcement issues, 302
supplementation of Protocol by, 69
temporal exigency, 34
transmission of an arrest warrant, 290
UK’s and Ireland’s implementation approaches, 13, 14
trade barriers
potential for imposition within the island of Ireland, 309
under the WTO safeguards regime, 310
trade diversion, 74
trade remedies, 310, 313, 314315
trade rules covered by the Protocol, 70
Trade Specialised Committee on Level Playing Field for Open and Fair Competition and Sustainable Development, 225
Trader Support Service (TSS), 215216, 218
‘Transforming Public Procurement’ (Green Paper), 279280
transition/implementation period, 8, 108, 114, 116
transitional arrangements, 162
transport
North–South co-operation, 12, 25, 52, 122
potential triggering of CJEU jurisdiction, 57
travaux préparatoires, 88
Treaties, 14, 42, 56, 92, 111, 113, 120, 132, 134, 159160, 276, 279, 312
evolution of human rights, 159
interpretation. see interpretation of treaties
Treaty of Amsterdam (1999), 174175
Treaty of Rome (1957), 232
Treaty on European Union (TEU), 9, 63, 9297, 101102, 160161
Treaty on the Functioning of the European Union (TFEU)
applicability to the UK under the Protocol, 120
application to the UK, 42, 56
binding nature of agreements concluded by the Union, 131
on breach of the Protocol, 111
state aid provisions, 232, 235
trust, 3, 9, 23, 101, 103, 112, 257, 260, 287, 289290, 301
trusted-trader status, 51
UK citizens residing in the EU, rights under the WA, 144
UK government
application of Article 2 of the Protocol, 153
conduct during transition period on Article 10 of the Protocol, 236239
UK Internal Market Act (2020), 14, 242
UK Internal Market Bill (UKIM), 45, 78, 168, 237
UK internal market, protection under the Protocol, 57, 74
UK Parliament. see Westminster Parliament
UK single market, 258
UK Trade Policy Observatory, 212
UK Trade Scheme, 49, 214
UK-wide backstop, 184
Ulster Unionist Party, 183
UN Charter, 89
UN Security Council resolutions, 57
Union Customs Code (UCC), 211
‘Union law’, 102, 151, 154, 164
Union with Scotland Act (1706), 125
unionist politicians, legal challenge to the Protocol, 15
unionists, 2, 4, 8, 1516
United Kingdom (UK)
categories of persons entitled to stay in temporarily under the TCA, 197198
disputes with EU concerning the Protocol, 1516
dualist approach to international law, 13
EU commences legal proceedings against, 46
implementation approach to the WA, 13, 14
legal status of the 1998 Agreement, 2728
obligations under the Protocol, 144
permitted activities under UK immigration rules, 198
policy objectives of Brexit, 46
rejection of supremacy of EU law, 110
unilateral declaration concerning certification of food imports into Northern Ireland, 5860
United Nations Conference on Trade and Development (UNCTAD), 217
United States (US)
status of the 1998 Agreement, 21, 30
UK’s potential for negotiation of free trade agreement with, 8
Universal Declaration on Human Rights, 157
Utilities Contracts Regulation (2016), 271
vaccines, Covid-19, export restrictions, 15, 314
VAT, 11, 50, 56, 70, 216217
vehicular emissions, 247
Victims Directive, 152
Vienna Convention on the Law of Treaties 1969 (VCLT)
competition law and, 229
good faith principle, 9295
obligations on state parties, 26
rules of treaty interpretation, 8091
see also interpretation of treaties.
visas
multi-journey visa, 202
requirements for third-country national family members visiting Northern Ireland, 201
rules for EU citizens visiting the UK, 196
short stay C-visa, 202
Vote Leave, 269
voting rights
CTA and, 133, 180
district council elections, 148149
Wales, 2, 5, 25, 125, 178
waste, 247, 251, 254
Water Framework Directive, 248, 252
water quality and pollution, 247249, 251
waterways, North–South co-operation, 2, 52
welfare benefits, 115, 173
welfare rights, CTA and, 133
Westminster Parliament
application of Article 2 of the Protocol, 153
contested role in triggering EU negotiations, 6
courts’ absolutist view of powers, 127
decisions on retention of EU law, 40
devolution of powers, 2
legislation enacted during the Northern Ireland Assembly suspension, 143
legislation requirements for the WA, 107
no obligation to discuss decisions of the Joint Committee, 47
political wrangling, 8
post-Brexit return to more absolutist view of powers, 127
prorogation of, 7
Withdrawal Agreement (WA), 1, 18
arbitration procedures, Protocol elements subject to, 6064, 77
Article 5
enforcement of rights, 109113
case study (letters between the Commission and the UK), 112113
individual, 110111
UK government’s responsibility, 111112
good faith and sincere co-operation, 92103
interpretation approaches, 9295
interpreting ‘good faith’ reference, 93
likely role in future UK–EU disputes over application of the Protocol, 102
objectives of the WA and the Protocol, 96
obligations deriving from, 97
implications, 98101
‘sincere co-operation’ in, 101102
availability of the negotiating record, 89
CFR and, 165
citizens’ rights, 116
citizens’ rights, EU citizens, 116
comparison with the TCA, 13
creation of multiple classes of rights holder, 188
human rights and equality provisions, 144
implementation into UK law, 107109
interpretation provisions, 8081
Joint Committee’s decisions having the same legal effect as, 47
judicial review, 318320
location of rules of procedure for Committees of the Protocol, 44
outline, 1012
overseeing body, 44
principal conduit for incorporation of the UK’s obligations under, 108
Protocol as ‘integral part’ of, 131
Protocol modifications and additions, 12
ratified by the UK, 8
rights-based provisions under the Protocol, 4143
scope of Article 50 negotiations, 810
silence on jurisdiction/enforcement issues, 299, 302
status in UK law, 107117
supremacy, 110, 126
UK accused of breach, 89
UK’s and Ireland’s implementation approaches, 13, 14
withdrawal from the EU (Article 50 TEU), 810
women, 146, 149, 192
World Trade Organization (WTO), 309
General Procurement Agreement (GPA), 270, 272, 274, 277, 279
safeguards regime, 310
Yeats, WB, 192