The start of hostilities?

Tweet

 

It is, and always has been, true that any signatory to an international treaty or agreement can decide unilaterally to repudiate that treaty and walk away from any responsibility it has under such a treaty. In that sense, it is entirely lawful for the UK parliament to rip up the Withdrawal Agreement which was signed just a few short months ago. But what is not true is that one party to an agreement can unilaterally repudiate parts of such a treaty and expect other signatories to abide by what remains. It’s a corollary of the EU mantra, ‘nothing is agreed until everything is agreed’: once one part is disagreed, everything is disagreed. Claiming, as the UK government has done, that the UK parliament has the sovereign right to reject part of an agreement after signing it may be ‘true’ in terms of domestic law, but that sovereignty does not extend to obliging the other parties to continue to abide by their side of the bargain. Under the doctrine now being promulgated by Downing Street, no international treaty would be worth the paper it was written on if any country could unilaterally opt out of any bits it doesn’t like whenever the whim takes it. Unless, of course (and I don’t rule this out in the case of the current occupant of Number 10) one believes that the UK is so special that it has rights which don’t extend to other countries. After all, constitutionally, the sovereign power of Westminster comes from the monarch, to whom it was granted by god, not by the people.

The obvious retaliatory move by the EU27 would be to impose a hard border on the Republic’s side on the isle of Ireland. Indeed, if they want to preserve the integrity of the Single Market, it’s hard to see how they can avoid doing so. The UK can – and presumably will – decide not to have border posts on its side, and allow all goods straight in. (Although, under WTO rules relating to ‘most favoured nation’, doing that in the absence of a trade agreement means that they have to allow the same access for goods from all other countries in the world, unless they intend that their first act as a member of the WTO is to breach those rules as well. I suppose that’s something else that can’t be ruled out.) Perhaps forcing the EU to create a hard border is part of the game plan – I can already hear them saying “We never wanted this – it’s those wicked Europeans doing this”. It’s just possible that, in the circumstances, such a border might not provoke a return to violence: the extreme unionists on the one hand will be pleased that their status as an integral part of the union is being protected, and the extreme republicans on the other may be less willing to attack Irish/EU border infrastructure than they would be if the border posts were British. It’s a gamble, though – and not just in terms of potential violent responses: it might also push more people towards supporting reunification in Ireland.

Failure to establish controls at the border in the absence of controls between the two islands inevitably risks the integrity of the Single Market, and I don’t rule out the possibility that, insofar as there is a cunning plan here, it is precisely that. The Brexiteers have long believed that Brexit would bring down the whole EU edifice (indeed, Farage has often said – including, according to a recent report, in a meeting with Barnier - that “the EU will not exist after Brexit”). The ‘logic’ of Brexit was always the destruction of the EU – being just outside a large bloc like the EU never made sense. They expected that Brexit would start a stampede, but to date it’s had the opposite effect as other countries gaze on in stunned amazement. From that perspective, the proposed repudiation of parts of the Withdrawal Agreement makes eminent sense. But the EU would be entirely correct in interpreting it as a hostile act by an aggressive neighbour. Things look set to get a great deal worse.