But does it show a route out of the backstop if the EU seeks to trap the UK in the backstop indefinitely and capriciously? Yes.How likely it is the EU would do this is another matter. But the provision is clearly important for the British. That’s more politics than it is law.
What is most notable here is the degree of urgency that it injects into the talks on the future trading relationship – which will now commence immediately. The great fear of Brexiteers is that these talks will drag on for years while the UK – as they see it – remains shackled to the EU, bound to observe its rules while having no say over their application or formulation.
The document is a unilateral declaration made by the British government which gives its view of how it might exit the backstop if the EU and the UK cannot reach agreement on the future trading relationship. If this is the case – and therefore the backstop is triggered – the UK says it believes it can leave the backstop, but, crucially, under the terms of the existing agreement.
Source: Law Daily Report (lawdailyreport.net)
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