Remainers are now gleefully hoping that the threat of the UK being taken to the Hague for a breach of treaty will force the government to keep the UK within the European Economic Area. There are two agreements at play here, one that set up the European Union and another that set up the European Economic Area. With the single market being common to both. -------------------------------- Supercharge your YouTube videos: http://bit.ly/2vbl9z2 -------------------------------- By using Article 50, the UK has given plenty of notice that it is leaving the European Union. But some legal experts say that this does not technically also qualify as notice that we are leaving the European Economic Area. And staying in the European Economic Area means staying in the single market and that means staying under EU control. The members of the European Economic Area, which allows for the free movement of people, goods, services and capital into the single market, are all the EU member states as well as Norway, Iceland and Lichtenstein - with the three non-EU members paying a fee and obeying all the rules. The main sticking point is that the European Economic Area is not the same as the EU single market and the UK has signed up to both. We’ve triggered Article 50, but to leave the European Economic Area the UK would also have to trigger article 127 of the European Economic Area agreement, say the pro-EU challengers, which we have not done. Therefore on leaving the EU, one school of thought is that we are still tied into the European Economic Area, whereas our government believes that UK involvement in the European Economic Area is only due to our EU membership. The claim is that, were we to leave the European Economic Area with less than twelve months notice, we would be breaching international law and could possibly end up answering to the Permanent Court of Arbitration in The Hague. But to trigger article 127, the government would probably have to get a vote through parliament and that is the real headache for Theresa May at the moment given all the Remainers on her benches as well as those in the House of Lords. At present Remain MPs are looking to get enough support to amend the withdrawal bill to keep us in the European Economic Area. Leaving the EU without leaving the European Economic Area obviously makes a nonsense of the whole process of trying to regain control over our country. So this will alarm Leave voters. But Leavers take heart - all this can be avoided if the UK just invokes Article 62 of the Vienna Convention on Treaties, which allows a party to walk away from a treaty if there is a ‘fundamental change of circumstances not foreseen by contracting parties’. The EU referendum result was obviously such a case as the provisions of the treaties do not allow for it. Therefore giving the power to the UK to withdraw from the European Economic Area agreement without giving 12 months notice. I’ve put some links to source material below in the description box to help. The government should forge ahead and make sure any attempt to tie the UK into the European Economic Area is thrown out. Now, does our failure to trigger article 127 concern you, or do you think we should just cite the Vienna Convention and go at the appropriate time? Please leave a comment below, thank you. Sources: http://www.independent.co.uk/news/uk/politics/brexit-latest-news-uk-eu-single-market-quit-international-tribunal-risk-no-formal-notice-europe-a7877436.html https://inews.co.uk/explainers/iq/forget-article-50-its-article-127-that-may-prove-a-sticking-point/ https://www.instituteforgovernment.org.uk/brexit-explained/brexit-explained-article-127-and-single-market http://www.efta.int/media/documents/legal-texts/eea/the-eea-agreement/Main%20Text%20of%20the%20Agreement/EEAagreement.pdf http://gerardbattenmep.co.uk/wp-content/uploads/2017/06/UKIP-EU-Exit-Plan-23rd-June-2017.pdf
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