The Law and Practice of the Ireland-Northern Ireland Protocol

Confused by the Northern Ireland issue in Brexit? This is the book explaining the complex legal arrangements addressing that problem.

Christopher McCrudden (Edited by)

9781009111027, Cambridge University Press

Paperback / softback, published 3 February 2022

240 pages
22.9 x 15 x 2 cm, 0.58 kg

'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

The Ireland-Northern Ireland Protocol, part of the Withdrawal Agreement concluded between the European Union and the United Kingdom, is intended to address the difficult and complex impact of Brexit on the island of Ireland, North and South, and between Ireland and Great Britain. It has become an exceptionally important, if controversial, part of the new architecture that governs the relationship between the UK and the EU more generally, covering issues that range from trade flows to free movement, from North-South Co-operation to the protection of human rights, from customs arrangements to democratic oversight by the Northern Ireland Assembly. This edited collection offers insights from a wide array of academic experts and practitioners in each of the various areas of legal practice that the Protocol affects, providing a comprehensive examination of the Protocol in all its legal dimensions, drawing on international law, European Union Law, and domestic constitutional and public law. This title is also available as Open Access.

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.

Subject Areas: Constitutional & administrative law [LND], International organisations & institutions [LBBU], Public international law [LBB], EU & European institutions [JPSN2], Public administration [JPP]