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

Billy Melo Araujo

doi:10.1017/S002058932200015X

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

Billy Melo Araujo

School of Law

Research output: Contribution to journal › Article › peer-review

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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 language	English
Pages (from-to)	531-562
Number of pages	32
Journal	International and Comparative Law Quarterly
Volume	71
Issue number	3
Early online date	27 May 2022
DOIs	https://doi.org/10.1017/S002058932200015X
Publication status	Published - Jul 2022

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10.1017/S002058932200015XLicence: CC BY

A contextual analysis of Article 16 of the Ireland–Northern Ireland Protocol
Copyright 2022 the authors. This is an open access article published under a Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium, provided the author and source are cited.
Final published version, 382 KBLicence: CC BY

1 Invited talk
1 Oral presentation

Northern Ireland Business Brexit Workshop Article 16: What does it mean? What happens next?
Melo Araujo, B. (Advisor)
15 Nov 2021
Activity: Talk or presentation types › Invited talk
Article 16 of the Protocol on Ireland/Northern Ireland though the Lens of Contingent Flexibility
Melo Araujo, B. (Contributor)
Sept 2021
Activity: Talk or presentation types › Oral presentation

Cite this

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

Abstract

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Activities

Northern Ireland Business Brexit Workshop Article 16: What does it mean? What happens next?

Article 16 of the Protocol on Ireland/Northern Ireland though the Lens of Contingent Flexibility

Cite this