Territorial disputes: Brexit (1) [Post 201]


With Brexit taking place in the weeks to come the situation may have a direct impact in relation to territorial disputes such as the Falkland/Malvinas islands, Gibraltar, Northern Ireland, and many others. For example, the bargaining position of people in Northern Ireland can improve substantially. Since the United Kingdom is leaving the European Union, Northern Ireland has the possibility to use self-determination. The next posts will make clear that self-determination may imply independence but can result in other legal and political arrangements. For instance, Northern Ireland could jointhe Republic of Ireland and therefore, continue being part of the European Union.

The next posts of the series TERRITORIAL DISPUTES will present the relationship between national law and international law. From there, the relationship between the law in the United Kingdom and the European Union will be explored and in particular, the notion of supremacy or primacy (in a nutshell, European Union law has priority over the national legal order of any of the Member States, including the United Kingdom).

Thereafter, the particular emphasis will be on free movement of people, European Union citizenship, free movements of goods, capital and services. These are the “four fundamental freedoms” that all Member States part of the European Union reciprocally recognize and that the United Kingdom, will give up this year.

The next posts will introduce: different academic and non-academic views; the current situation; the views of the inhabitants in this places, that is the Falkland/Malvinas islands, Gibraltar and Northern Ireland (because in any case they are the ones who will live the consequences of any decision); coverage by the media including all parties in the dispute; the ideal methodology to solve the difference (what I call Egalitarian Shared Sovereignty); its application to some controversial elements; and some conclusive remarks.

Monday 28th January 2019

Jorge Emilio Núñez

Twitter: @London1701

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