James Forsyth James Forsyth

Is there a risk Britain will get stuck in the Brexit backstop?

The prospects of Theresa May’s Brexit deal passing now hinge on what risk there is of the UK being trapped in the backstop against its will. A compelling new legal analysis by Policy Exchange suggests that this risk is significantly lower than thought. Written by three distinguished lawyers—a professor of international law at King’s College London, a former first parliamentary counsel and an Oxford professor—the paper makes clear that the new protections on the backstop have greater force than appreciated.

First, the ‘good faith’ obligation in international law is more meaningful than thought. The bar for proving that the EU is not acting in good faith is such that if the EU only advanced solutions to the backstop that involved the UK—or Northern Ireland—staying in a customs union then it would be at ‘very serious risk of breach’ of these obligations.

Comments

Join the debate for just $5 for 3 months

Be part of the conversation with other Spectator readers by getting your first three months for $5.

Already a subscriber? Log in