Nav: Home

Study explores how Scotland and Northern Ireland can fulfil aspirations post-Brexit

November 13, 2017

Significant changes to both the current UK and European Union (EU) constitutional frameworks are "almost unavoidable" in order to accommodate the very different aspirations of Scotland and Northern Ireland post-Brexit.

In the referendum of June 2016, people in England and Wales voted to leave the EU, while those in Scotland and Northern Ireland voted to remain. There has since been debate about how to achieve the continuing presence in the single market of the UK constituent nations when their political leaders have declared that they do not wish to be taken out of the EU against their will.

In a new study, Dr Nikos Skoutaris of the University of East Anglia (UEA) explores two options for Scotland and Northern Ireland to remain in the EU and/or the single market. Writing in the Cambridge Yearbook of European Legal Studies, he argues that the EU has the necessary legal mechanisms to accommodate their differing aspirations.

The first option involves the achievement of Scottish independence and the reunification of Ireland through democratic referendums. However, Dr Skoutaris says that while Northern Ireland enjoys such a constitutional right, Scotland would have to reach an arrangement similar to the one that led to the organisation of the 2014 independence referendum.

The second option would see Scotland and Northern Ireland remaining in the EU and/or the single market even without leaving the UK. Dr Skoutaris, a lecturer in EU law, reviews previous examples of territorial differentiation including Greenland, the Faroe Islands and Cyprus, showing there are a number of legally defensible solutions that would enable this to happen.

Dr Skoutaris said: "Especially with regard to Northern Ireland, such imaginative solutions can better protect the fragile peace process and the social and economic integration of the island of Ireland."

If England and Wales withdraw from the single market and the customs union while Scotland and Northern Ireland remain, it would entail the existence of a customs border and border checks within the territory of the UK.

In addition, a major constitutional amendment to the devolution arrangement would have to take place in order for both regions to take part effectively in the political and constitutional life of the EU and the European Economic Area.

While acknowledging the significant changes that such an arrangement would make to the constitutional status quo of the UK, Dr Skoutaris suggests that for the Government, the biggest incentive to offer this option to Scotland and Northern Ireland is that it represents a tangible alternative to leaving the UK.

"The UK might become almost a confederation but it would still be one recognised State under international law," said Dr Skoutaris. "In other words, it could save the Union. The devolved administrations could also avoid the tensions and divisions that would be caused if they were to leave the UK. In particular, such a solution presents fewer threats to the fragile Belfast Agreement than Brexit itself or a referendum for the reunification of Ireland.

"Even if neither the UK nor the devolved administrations opt for such an arrangement, it could still prove useful. It could be used transitionally until there is a renegotiation and a resettlement of the constitutional status of those two nations, ensuring that they do not find themselves outside the single market even for a minute.

"In any case, both the current UK and EU constitutional frameworks somehow seem to be unable to accommodate the very different aspirations of the UK constituent nations. In this sense, their significant amendment is almost unavoidable."
-end-
'Territorial differentiation in EU law: can Scotland and Northern Ireland remain in the EU and/or the single market?', Nikos Skoutaris, is published in the Cambridge Yearbook of European Legal Studies.

University of East Anglia

Related Accommodate Articles:

Study explores how Scotland and Northern Ireland can fulfil aspirations post-Brexit
Significant changes to both the current UK and European Union (EU) constitutional frameworks are 'almost unavoidable' in order to accommodate the very different aspirations of Scotland and Northern Ireland post-Brexit.
New mirror-coating technology promises dramatic improvements in telescopes
At UC Santa Cruz, an electrical engineer has teamed up with astronomers to improve telescope mirrors using thin-film technology from the electronics industry.
To connect biology with electronics, be rigid, yet flexible
Scientists have measured a thin film made of a polymer as it interacted with ions and electrons.
It's a breeze: How to harness the power of the wind
Scientists from the University of Rhode Island, Florida Atlantic University, USA, and Wuhan University, China, teamed up to find a way to optimize wind power for use, even when it's not blowing.
How some battery materials expand without cracking
New findings from MIT and elsewhere show some phosphate-based battery materials can change from crystalline to glassy while in use, possibly opening new avenues for design of batteries.
Study looking at natural behaviors of lab rats wins an international 3Rs prize
A paper investigating the welfare of laboratory rats is the winner of the 3Rs prize, which is awarded by the UK's National Centre for the 3Rs (NC3Rs) and sponsored by GSK.
Musical scales may have developed to accommodate vocal limitations
For singers and their audiences, being 'in tune' might not be as important as we think.
Warming up to cryopreservation
Overcoming a major hurdle in transplant medicine, a new study reveals that nanotechnology can be used to rapidly rewarm cryogenically treated samples without damaging delicate frozen tissues, which may someday help make organ cryopreservation a reality.
How we escaped from the Big Bang
A Griffith University physicist is challenging the conventional view of space and time to show how the world advances through time.
When the going gets tough, the tough get growing
While relentless bright light brings many forms of cyanobacteria to their knees -- figuratively, of course -- Synechococcus sp.

Related Accommodate Reading:

Effective Teaching Strategies that Accommodate Diverse Learners (4th Edition)
by Michael D. Coyne (Author), Edward J. Kame'enui (Author), Douglas W. Carnine (Author)

Effective Teaching Strategies That Accommodate Diverse Learners (2nd Edition)
by Edward J. Kame'enui (Author), Douglas W. Carnine (Author), Robert C. Dixon (Author), Deborah C. Simmons (Author), Michael D. Coyne (Author)

Accommodate (Italian Edition)

GLUTEN AND GLUTEN FREE COOKING IN PERFECT HARMONY: The one recipe solution to accommodate everyone
by Lucie Cote Contente (Author)

Effective Teaching Strategies that Accommodate Diverse Learners (3rd Edition)
by Michael D. Coyne (Author), Edward J. Kame'enui (Author), Douglas W. Carnine (Author)

Effective Teaching Strategies that Accommodate Diverse Learners with Mathematics Applications (Custom Edition for the University of Memphis) [2011]
by Michael D. Coyne (Author), Edward J. Kame'enui (Author), Douglas W. Carnine (Author), Marcy Stein (Author), Diane Kinder (Author), Jerry Silbert (Author)

Adapting Instruction to Accommodate Students in Inclusive Settings (4th Edition)
by Judy W. Wood (Author)

Effective Teaching Strategies that Accommodate Diverse Learners [[4th (fourth) Edition]]
by Douglas W. Carnine, Edward J. Kame\'enui Michael D. Coyne (Author)

Collections from an Aspen Chef: Favorite recipes with options to accommodate your dietary preferences. Use them as is, or easily modify into gluten free, dairy free or vegan
by Cindy L Rogers (Author), Cindy L Rogers (Illustrator)

Accommodate: Webster's Timeline History, 393 BC - 1989
by Icon Group International (Author)

Best Science Podcasts 2018

We have hand picked the best science podcasts for 2018. Sit back and enjoy new science podcasts updated daily from your favorite science news services and scientists.
Now Playing: TED Radio Hour

Why We Hate
From bullying to hate crimes, cruelty is all around us. So what makes us hate? And is it learned or innate? This hour, TED speakers explore the causes and consequences of hate — and how we can fight it. Guests include reformed white nationalist Christian Picciolini, CNN commentator Sally Kohn, podcast host Dylan Marron, and writer Anand Giridharadas.
Now Playing: Science for the People

#482 Body Builders
This week we explore how science and technology can help us walk when we've lost our legs, see when we've gone blind, explore unfriendly environments, and maybe even make our bodies better, stronger, and faster than ever before. We speak to Adam Piore, author of the book "The Body Builders: Inside the Science of the Engineered Human", about the increasingly amazing ways bioengineering is being used to reverse engineer, rebuild, and augment human beings. And we speak with Ken Thomas, spacesuit engineer and author of the book "The Journey to Moonwalking: The People That Enabled Footprints on the Moon" about...