A contextual analysis of Article 16 of the Ireland–Northern Ireland Protocol

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Abstract

Article 16 of the Ireland–Northern Ireland Protocol annexed to the EU–UK Withdrawal Agreement is an escape clause which allows the parties to deviate from their obligations under certain conditions. This article maps out the main features of the safeguards provision in the Protocol in light of international trade law and international relations literature on treaty design. It provides a detailed examination of the safeguards provision in the Protocol and highlights the key design flaws associated with this regime as well as some potential solutions to such flaws.

Original languageEnglish
Pages (from-to)531 - 562
Number of pages32
JournalInternational and Comparative Law Quarterly
Volume71
Issue number3
Early online date27 May 2022
DOIs
Publication statusPublished - Jul 2022

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