Showing posts with label Vienna Convention. Show all posts
Showing posts with label Vienna Convention. Show all posts

Wednesday, 2 December 2009

It's not that simple, I'm afraid

It is a commonly-held belief that leaving the European Empire is as simple as repealing the European Communities Act 1972, the law that made us a member of what was then the EEC.

I'm afraid it's not that simple.

We can repeal the European Communities Act 1972 but the Lisbon Treaty still stands under the Vienna Convention on the Law of Treaties and the Lisbon Treaty says that if we wanted to leave, we would have to ask permission from the rest of the European Empire to leave and if they agreed we would have to endure a 2 year "cooling off period" before we got out.

To renounce the Lisbon Treaty without having to get permission and sit out the cooling off period, we would have to argue that articles 50 and/or 51 (corruption and/or coercion of our representative) applied.  To leave early without invoking articles 50 and/or 51, we would have to break international law to get out of our Lisbon Treaty obligations.

It is true that no parliament can bind its successor under English common law but the "Supreme" Court or the EU Court of Justice (as the highest legal authority in England) can rule differently.  It's no longer a case of repealing the European Communities Act 1972, we would have to repeal or amend the Vienna Convention on the Law of Treaties (it's on the statute book) to allow the British government to withdraw unilaterally from the Lisbon Treaty.  Repealing or amending the Vienna Convention on the Law of Treaties would seriously undermine international confidence in the country and set a very dangerous precedent - probably more damaging to the country than the EU, I'm afraid.

I would say we've been stitched up like a kipper but the Spanish have probably got all the kipper quota under the Common Fisheries Policy.