The UK and eu have renewed their dispute over the Northern Ireland Protocol

Source: Rule of Law Daily

Post-Brexit trade rules are challenged

The UK and eu have renewed their dispute over the Northern Ireland Protocol

Reporter Wu Qiong

Recently, the United Kingdom and the European Union have re-disputed the "Northern Ireland Protocol" in the "Brexit" agreement. On May 17, local time, British Foreign Secretary Traus delivered a speech in the British Parliament saying that the British government will introduce legislative procedures in the coming weeks to amend parts of the Northern Ireland Protocol. The EU warned that Britain's unilateral actions could violate international law and that the EU could respond with legal actions that could escalate into a trade war.

The British side may introduce legislative means

Since the UK officially left the EU, disputes related to Brexit have plagued the UK government and the EU. The confrontation between the two sides around the "Northern Ireland Protocol" is only one of the many sequelae of "Brexit". However, due to the issue of post-Brexit trade rules and britain's internal peace and security, neither the UK nor the EU has been willing to make substantial concessions.

As we all know, the "Northern Ireland Protocol" is part of the "Brexit" agreement, and the core content of the protocol is that after the "Brexit" of the United Kingdom, the United Kingdom and Northern Ireland remain in the European Single Market and the EU Customs Union, and there is no "hard border" between Northern Ireland and Ireland. As a result, however, some of the goods entering Northern Ireland from the British Isle of Great Britain are subject to customs and border security checks. In addition to the movement of goods, there are serious differences between the parties as to the jurisdiction of the European Court of Justice in Northern Ireland. To this end, there have long been calls for amendments to the Protocol in the United Kingdom.

The EU has responded to this. On 13 October 2021, the EU issued a proposal for amendments to the Northern Ireland Protocol, promising to facilitate the movement of goods between the Isles of Great Britain and Northern Ireland by reducing customs procedures, simplifying certification and reducing border controls, if agreed by the British side.

However, the British side believes that these changes will not solve the key problems. On May 11, Terrass issued a statement formally rejecting the EU's proposed changes. On the same day, the British government also demanded that the protocol be renegotiated, otherwise "unilateral action would be possible" to overturn parts of the agreement.

On the 17th, the United Kingdom took further action, saying that it would introduce legislative procedures in the coming weeks to amend some parts of the protocol.

The differences between the UK and the EU are difficult to bridge

The British statement has gradually become "gunpowder" in the dispute between the UK and the EU over the "Northern Ireland Protocol", and the two sides are currently not giving in to each other.

When British Prime Minister Boris Johnson visited Northern Ireland in recent days, he bluntly said that the "Northern Ireland Protocol" is outdated and does not reflect the reality after the epidemic, such as the sharp rise in the cost of living. He also said he was open to negotiations with the EU on the pact, but that Britain would "take the necessary action" if the EU did not change its position.

Terrass, for his part, shouted to the EU that the introduction of legislative procedures to amend parts of the Northern Ireland Protocol was in line with international law. She also explained the details of the relevant legislation that a series of necessary measures will be implemented in the future to make trade between the British islet of Great Britain and Northern Ireland smoother. However, she also signaled to the EU that she intends to negotiate, saying that the British side will continue to be open to future negotiations.

British Deputy Prime Minister, Justice secretary and Justice Dominique Raab believes that for the United Kingdom, amending the Northern Ireland Protocol is an urgent task because "the protocol issue is endangering the stability of Northern Ireland". In addition to Raab, the Democratic Unionist Party, one of the main parties of northern Ireland's local council, is also concerned that the existence of the Northern Ireland Protocol "is conducive to the forces within Northern Ireland that are separated from the UK". The party also argues that the imposition of additional checks on the movement of goods between the British isles of Great Britain and Northern Ireland has effectively weakened Northern Ireland's position in the UK. Democratic Unionist leader Jeffrey Donaldson said pressure would continue to be placed on johnson's government to amend the Northern Ireland Protocol.

In the face of the clear attitude of the British side, the EU side refused to make substantial concessions, saying that if the United Kingdom unilaterally tears up or amends the protocol, it will violate international law and undermine mutual trust between the EU and the UK, and expresses serious concerns about it. The EU also called on the UK to adopt a "constructive attitude" to cooperate with the EU.

European Commission Vice-President Marosz Sevčevic warned that any unilateral suspension of the protocol by the UK would be unacceptable.

He also stressed that the Northern Ireland Protocol is the cornerstone of the Brexit agreement and is a binding international agreement, so no one should unilaterally cancel, break or change in any way the arrangements that have been reached.

In addition to the European Union, a number of European countries also reacted strongly, with Ireland bearing the brunt. Irish Foreign Minister Simon Coveny accused the EU of not being inflexible in implementing the Northern Ireland Protocol, and that the EU has been showing a willingness to compromise, but the British side is reluctant to accept its proposal and insists on moving in a direction that may violate international law. Belgian Prime Minister Alexander de Crowe also hoped that the British side would not undermine the consensus already reached between the Eu-Uk and the EU.

Affect the regional trade political situation

It is reported that in the latest phone call between Tras and Sevčevic, the UK and the EU have still not reached an agreement on the amendment of the "Northern Ireland Protocol". The development of the situation has aroused the attention and even concern of international public opinion.

The Associated Press is not optimistic about whether the United Kingdom and the European Union can bridge the differences in the future. The media outlet recently highlighted the statement of Sevčevic, who pointed out in an interview that the EU will respond through legal actions to any unilateral rewriting of the rules in the Uk, which may escalate into a trade war.

Some analysts hold similar views. They fear that if the UK takes unilateral action to overturn the content of the "Brexit" agreement on trade in Northern Ireland, and the EU takes retaliatory measures, it may provoke trade frictions, not only in Northern Ireland, but also in the whole of the UK and even the EU trade may be damaged. With the economies of both the UK and the EU already very fragile, a full-blown trade war will undoubtedly deal a serious blow to both sides. Even Brexit Secretary Jacob Rees-Mog described the possibility as "self-harming behaviour".

However, some positives argue that the UK's legislative process for amending the protocol could take months, and that the UK government has not completely abandoned negotiations with the EU, so there is still hope that the DISPUTE between the UK and the EU will ease.

In fact, there is currently no consensus within the UK on how to handle disputes with the EU, such as the UK Chancellor of the Exchequer Sunak and the Minister of Local Development, Housing and Communities Gove recently said that they are deeply disturbed by the plan to unilaterally tear up the Northern Ireland Protocol. Some government sources believe that the UK and the EU should seek practical solutions within the framework of the Northern Ireland Protocol. This also brings a hint of uncertainty to future developments.

Nearly 6 years after the world-renowned "Brexit" referendum, the tug-of-war between the Uk and the EU over post-Brexit trade arrangements has not yet ended. How the dispute between the two sides on the "Northern Ireland Protocol" will be resolved will not only affect the trade of the Northern Ireland region, the United Kingdom and even the European Union, but also affect the regional political situation, and its future development will surely attract the continuous attention of the international community.