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"The aim of this book is to analyse the principal legal dimensions of the Ireland-Northern Ireland Protocol ('the Protocol'), which is part of the EU-UK Withdrawal Agreement ('WA'), negotiated to enable the United Kingdom ('UK') to leave the European Union ('EU') in an orderly fashion. The purpose of this Introduction is to set out some of the basic background needed to understand the scope and content of the Protocol, and how this book attempts systematically to describe and analyse it. The Protocol is most appropriately seen in the context of the desire to preserve the Belfast-Good Friday Agreement ('1998 Agreement'), the changing politics of the UK Parliament and Government over the relevant period, and the subsequently negotiated Trade and Co-operation Agreement ('TCA')"--
List of contents
1. Introduction Christopher McCrudden; 2. The 1998 agreement: Context and status Colin Harvey; 3. Legal structure, rights and enforceability Paul Craig; 4. Committees of the protocol Katy Hayward; 5. Dispute settlement Jan Wouters; 6. Interpreting the protocol Stephen Weatherill; 7. International rules on treaty interpretation Steven Ratner; 8. Good faith Christopher McCrudden; 9. The status of the withdrawal agreement in United Kingdom law Catherine Barnard; 10. The protocol in northern Ireland law Gordon Anthony; 11. The protocol in Irish law David Fennelly; 12. Human rights and equality Christopher McCrudden; 13. The charter of fundamental rights Bernard McCloskey; 14. The common travel area Imelda Maher; 15. Citizenship and identity in northern Ireland Colin Murray; 16. Citizenship beyond Irish and British Tobias Lock; 17. The Irish Sea customs border Anna Jerzewska; 18. Competition Vincent Power; 19. State aid George Peretz; 20. Environment and trade Mary Dobbs and Viviane Gravey; 21. Free movement of services Gavin Barett; 22. Public procurement Catherine Donnelly; 23. Law enforcement and judicial cooperation in criminal matters Gemma Davies; 24. Jurisdiction, choice of law and enforcement of foreign judgments David Kenny; 25. Safeguard provisions Billy Melo Araujo and Stephen Brittain.
About the author
Christopher McCrudden is Professor of Human Rights and Equality Law at Queen's University Belfast and William W Cook Global Law Professor at the University of Michigan Law School. He is a practicing Barrister at Blackstone Chambers in London, and has been called to both the Northern Ireland Bar and the Bar of England and Wales. His main research focus is on human rights law. Currently, his research deals with the foundational principles underpinning human rights practice. Professor McCrudden is a Fellow of the British Academy and (from 2018) a Member of the Royal Irish Academy.
Summary
This edited collection provides expert commentary in each of the areas of legal practice that the complex Ireland-Northern Ireland Protocol affects. It provides comprehensive examination of the legal meaning and interpretation of the Protocol, offering insights from international law, European Union Law, domestic constitutional and public law.
Foreword
Confused by the Northern Ireland issue in Brexit? This is the book explaining the complex legal arrangements addressing that problem.
Additional text
'The Ireland-Northern Ireland Protocol regulates the most contentious intersection of the UK and EU legal orders as Brexit unfolds. This excellent volume, analysing the Protocol's legal effect across all dimensions, will be essential reading for anyone interested in the future of EU-UK relations.' Oran Doyle, Trinity College Dublin
