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The Law and Practice of the Ireland-Northern Ireland Protocol


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Table of Contents

1. Introduction Christopher McCrudden; 2. The 1998 agreement: Context and status Colin Harvey; 3. Legal structure, rights and enforceability Paul Craig; 4. Committees of the protocol Katy Hayward; 5. Dispute settlement Jan Wouters; 6. Interpreting the protocol Stephen Weatherill; 7. International rules on treaty interpretation Steven Ratner; 8. Good faith Christopher McCrudden; 9. The status of the withdrawal agreement in United Kingdom law Catherine Barnard; 10. The protocol in northern Ireland law Gordon Anthony; 11. The protocol in Irish law David Fennelly; 12. Human rights and equality Christopher McCrudden; 13. The charter of fundamental rights Bernard McCloskey; 14. The common travel area Imelda Maher; 15. Citizenship and identity in northern Ireland Colin Murray; 16. Citizenship beyond Irish and British Tobias Lock; 17. The Irish Sea customs border Anna Jerzewska; 18. Competition Vincent Power; 19. State aid George Peretz; 20. Environment and trade Mary Dobbs and Viviane Gravey; 21. Free movement of services Gavin Barett; 22. Public procurement Catherine Donnelly; 23. Law enforcement and judicial cooperation in criminal matters Gemma Davies; 24. Jurisdiction, choice of law and enforcement of foreign judgments David Kenny; 25. Safeguard provisions Billy Melo Araujo and Stephen Brittain.

Promotional Information

Confused by the Northern Ireland issue in Brexit? This is the book explaining the complex legal arrangements addressing that problem.

About the Author

Christopher McCrudden is Professor of Human Rights and Equality Law at Queen's University Belfast and William W Cook Global Law Professor at the University of Michigan Law School. He is a practicing Barrister at Blackstone Chambers in London, and has been called to both the Northern Ireland Bar and the Bar of England and Wales. His main research focus is on human rights law. Currently, his research deals with the foundational principles underpinning human rights practice. Professor McCrudden is a Fellow of the British Academy and (from 2018) a Member of the Royal Irish Academy.


'This concise, yet almost encyclopedic collection of essays will help readers cut through the breathtaking complexity of Brexit as it relates to the most difficult issue of Northern Ireland. With outstanding entries on the relevant procedures, institutions, and concepts, as well as a host of substantive sectors, this volume will become an indispensable legal handbook for the generation that must now grapple with untangling the UK from Europe while keeping further troubles at bay.' Daniel Halberstam, Eric Stein Collegiate Professor of Law and Director of the European Legal Studies Program at the University of Michigan Law School
'This book is an invaluable and highly readable guide to the formidable complexities of the Protocol and its implications for everyone living on the island of Ireland. There are many who will talk about the Protocol, but until you read this book you cannot really say that you fully understand it.' Gerard Hogan, Justice Gerard Hogan, Supreme Court of Ireland, formerly Advocate General of the Court of Justice of the European Union
'The Protocol has been a central matter of Brexit political debate. However, it is first and foremost a legal instrument with consequences in domestic and international law. This is the first book on the Protocol's many legal dimensions. Bringing together a uniquely qualified group of global experts, the book is an important contribution to navigating the Protocol. Is at once is the key legal text on the Protocol, a must-read for those concerned with the political consequences of the Protocol, and a valuable source of information in plain language, for anyone concerned to cut through the rhetoric to understand what the Protocol is and does.' Christine Bell, Professor of Constitutional Law, Edinburgh School of Law, University of Edinburgh
'Brexit and the Northern Ireland Protocol have given rise to more issues of constitutional law, the results of a complex bundle of treaties and legislation, than any other single incident in UK constitutional history. There is no underlying or unifying concept. No lawyer would ever design such a complicated structure from scratch. This book is an analysis of the most important issues. It explains them as clearly as possible, and provides a practical and thoughtful basis on which lawyers in the UK, in both parts of Ireland, and the EU on which this unprecedented structure can proceed. The courts of Northern Ireland have the great responsibility of making it intelligible, and making it work.' John Temple Lang, former Head of the Legal Service, of the European Commission
'The Ireland-Northern Ireland Protocol regulates the most contentious intersection of the UK and EU legal orders as Brexit unfolds. This excellent volume, analysing the Protocol's legal effect across all dimensions, will be essential reading for anyone interested in the future of EU-UK relations.' Oran Doyle, Trinity College Dublin

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