Monday, 13 June 2022

Northern Ireland protocol: what is the ‘doctrine of necessity’?

The UK government hopes a little-known legal principle will overturn parts of the post-Brexit agreement

In justifying its attempt to unilaterally overturn parts of the post-Brexit agreement with the EU, the UK government has invoked a little-known legal principle known as the “doctrine of necessity”. The loophole is allowed by the UN’s International Law Commission to be used by a state facing “grave and imminent peril”.

But the government’s ex-legal adviser Jonathan Jones said the EU would find the use of the doctrine “completely unpersuasive”.

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from World news | The Guardian https://ift.tt/NXut9yG

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