January 30, 2019 12:28 PM

Brady amendment breaches international law

The Brady amendment will put the UK in breach of international law if the EU does not move on the backstop, it has been revealed.

After the motion passed last night, Best for Britain can reveal a House of Commons library research note outlining how the UK has moved perilously close to breaching international law.

The note declares that "the UK would be in breach of its international legal obligations" if the EU ratified an unamended Withdrawal Agreement. The EU responded to the Brady amendment passing with an immediate refusal to reopen the backstop issue.
 
The note states that "if the UK’s domestic legislation contained provisions for a time-limited backstop, but the EU ratified an unamended Withdrawal Agreement, then the UK would be in breach of its international legal obligations, [our emphasis] as the Withdrawal Agreement (Article 1 of the Protocol on Ireland/Northern Ireland) makes clear that the backstop’s legal provisions shall apply 'unless and until they are superseded, in whole or in part, by a subsequent agreement'."

The note also says the UK would be in breach of its "good faith" obligations as set out in Article 5 of the Withdrawal Agreement.
 
If that happens then the EU and the UK would have to settle this matter using the dispute mechanisms set out in the Withdrawal Agreement, if the Withdrawal Agreement were indeed deemed to have been legally ratified by the UK, given that it would have unilaterally changed the terms of the Agreement. Article 26 of the Vienna Convention on the Law of Treaties agreements/treaties must be observed.  
  
Commenting, Best for Britain supporter Layla Moran MP said the UK could become an "international pariah":
 
"The EU has been clear that the agreement is locked and they will not move on the backstop. So if we pass this deal, with the Murrison amendment, then the advice is clear, we will break international law. Simply put, the Prime Minister risks undermining her own deal to appease the ERG. 
 
"This is not just illogical. It will turn the UK into an international pariah, ripping up conventions and treaties for narrow party political interests."

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