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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.
This book investigates the legal and political complexities of the Protocol on Ireland/Northern Ireland as a central mechanism for managing the post-Brexit relationship between the United Kingdom and the European Union. Federico Fabbrini, a professor of European law, curates an interdisciplinary analysis that synthesizes contributions from legal scholars, political scientists, and trade experts. The text evaluates the Protocol's function in maintaining the 1998 Belfast Good Friday Agreement while addressing the friction caused by Northern Ireland's alignment with EU customs and internal market rules.
What You Will Find
Scope Limits
Experts identify this volume as a primary interdisciplinary resource for understanding the specific legal architecture of the Northern Ireland Protocol. Readers frequently note the academic density of the prose, which is intended for scholars and policy practitioners engaged in European integration studies.
Page Count:
313
Publication Date:
2022-01-01
Publisher:
OUP Oxford
ISBN-10:
0192678795
ISBN-13:
9780192678799
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