A CONTEXTUAL ANALYSIS OF ARTICLE 16 OF THE IRELAND–NORTHERN IRELAND PROTOCOL
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Published:2022-05-27
Issue:3
Volume:71
Page:531-562
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ISSN:0020-5893
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Container-title:International and Comparative Law Quarterly
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language:en
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Short-container-title:ICLQ
Author:
Melo Araujo Billy
Abstract
AbstractArticle 16 of the Ireland–Northern Ireland Protocol annexed to the EU–UK Withdrawal Agreement is an escape clause which allows the parties to deviate from their obligations under certain conditions. This article maps out the main features of the safeguards provision in the Protocol in light of international trade law and international relations literature on treaty design. It provides a detailed examination of the safeguards provision in the Protocol and highlights the key design flaws associated with this regime as well as some potential solutions to such flaws.
Funder
Economic and Social Research Council
Publisher
Cambridge University Press (CUP)
Subject
Law,Political Science and International Relations
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