Business Standard

Brexit in crisis: Britain’s plan breaches internatio­nal law

Very concerned about UK’S intentions to breach the withdrawal pact, says EU

- MICHAEL HOLDEN & ELIZABETH PIPER

Britain plunged Brexit trade talks into crisis on Wednesday by explicitly acknowledg­ing it could break internatio­nal law by ignoring some parts of its European Union divorce treaty, prompting a rapid rebuke from the EU'S chief executive.

Brushing aside warnings from Brussels that breaching the treaty would prevent any trade deal being struck, London said in the proposed legislatio­n that it would ignore parts of the Withdrawal Agreement, which was only signed in January.

The Internal Markets Bill spells out that certain provisions are "to have effect notwithsta­nding inconsiste­ncy or incompatib­ility with internatio­nal or other domestic law".

The government has said internatio­nal law would be broken "in a very specific and limited way".

Ursula von der Leyen, president of the European Commission, promptly tweeted that she was "very concerned about announceme­nts from the British government on its intentions to breach the Withdrawal Agreement".

"This would break internatio­nal law and undermines trust.

Pacta sunt servanda = the foundation of prosperous future relations," she said. The Latin phrase, meaning "agreements must be kept", is a basic principle of internatio­nal law.

The publicatio­n of the bill, on the day the EU'S chief negotiator

arrived in London for a fresh round of trade talks, suggested to some that Prime Minister Boris Johnson might be trying to goad the bloc into storming out of those negotiatio­ns.

But EU sources told Reuters they would not seek a suspension. Johnson told parliament the bill was "a legal safety net

to protect our country against extreme or irrational interpreta­tions" of the Withdrawal Agreement's Northern Ireland protocol that could threaten peace in the British province.

"Kamikaze threat”

The bill, if approved, would give ministers the power to ignore parts of that protocol by modifying the form of export declaratio­ns and other exit procedures.

But the list of specific agreements that might be ignored includes not only provisions of the Northern Ireland Protocol but also "any other provision of the EU Withdrawal Agreement" and "any other EU law or internatio­nal law".

The bill says Britain may 'disapply' provisions including one that relates to Northern Ireland and state aid. Johnson's team see state aid as crucial for ensuring they can incubate new global technology firms without hindrance from Brussels.

Johnson's spokesman said the EU divorce deal was like no other treaty and had been "agreed at pace in the most challengin­g possible political circumstan­ces". Opponents accused him of blatant hypocrisy after promising before December's election that he had an "oven-ready deal".

The bill will be debated in both chambers of parliament and require their approval before becoming law. Britain quit the EU in January but has remained part of its single market, largely free of trade barriers, under a status quo agreement that expires in December. It has been negotiatin­g a trade deal to take effect from Jan. 1, but says it is willing to walk away if it cannot agree favourable terms.

Irish Prime Minister Micheal Martin said he would speak to Johnson to express "very strong concerns" about the plans while his deputy Leo Varadkar called it a "kamikaze" threat that had backfired.

 ?? PHOTO: REUTERS ?? Britain’s PM Boris Johnson attends the weekly question-time debate in Parliament on Wednesday
PHOTO: REUTERS Britain’s PM Boris Johnson attends the weekly question-time debate in Parliament on Wednesday

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