By: Federico Fabbrini

ISBN: 9780192863942

Published: May 2022

Publisher: Oxford University Press

Country of Publication: UK

Format: Paperback

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.

Contents:

Foreword

Simon Coveney (Minister for Foreign Affairs of Ireland)

1: Introduction

Federico Fabbrini

Part I: Setting

2: United Kingdom

Michael Keating

3: Northern Ireland

Katy Hayward

4: Ireland

Oran Doyle

Part II: Human Rights and Cross-Border Cooperation Provisions

5: Non-Discrimination

Aoife O'Donoghue

6: Common Travel Area

Imelda Maher

7: North-South Cooperation

Rory O'Connell

Part III: Economic Provisions

8: Customs and Movement of Goods

Niall Moran

9: UK Internal Market, Catherine Barnard

10: State Aid

Graham Butler

Part IV: Governance Provisions

11: Supervision and Dispute Resolution

Joris Larik

12: Consent

Brendan O'Leary

13: Safeguards

Robert Howse