Why did the EU and the UK add a protocol on Northern Ireland within the Brexit deal?
What are the Northern Ireland Protocol and the Article 16?
How may Article 16 affect UK-EU ties?
Does the UK legally have the right to trigger Article 16 of the Northern Ireland Protocol?
Liz Truss is facing a challenge in Northern Ireland due to the Brexit deal. She wants to keep peace in Northern Ireland and could trigger Article 16 of the Northern Ireland Protocol. Unilateral action on Article 16 will damage agreements between the UK and the EU. Such measure means that Truss could miss the opportunity to closely cooperate on different issues with the EU.
NI Protocol Complications
Liz Truss, the UK Prime Minister, has warned about the impasse over the Northern Ireland Protocol. The new prime minister has stressed she would act unilaterally to address the problems of the protocol. Truss believes the UK government needs to sort out the problems one way or the other. She has mentioned her government will restore the primacy of the peace agreement in Northern Ireland. Therefore, there would be free-flowing east-west trade and free-flowing north-south trades.
Gamble of Article 16
Liz Truss is planning to trigger Article 16 of the Northern Ireland Protocol. She is facing the Northern Ireland challenge and is going to make a big gamble by triggering Article 16. The current prime minister could make efforts to undo the Northern Ireland Protocol despite oppositions. The Northern Ireland Protocol is a legal instrument to set rules for trade during the post-Brexit era. The agreement aims to maintain peace in Northern Ireland by keeping it inside the Single Market.
Brexit Trade Issues
Brexit has changed trade cooperation between the UK and the EU, including the Republic of Ireland. The UK has lost benefits of the EU Single Market and Customs Union by leaving the EU. Northern Ireland has a land border with the Republic of Ireland which is a sensitive issue. Troubled political history in Northern Ireland pushed the UK government to prioritize peace and stability there, during Brexit talks. The EU agreed and both sides signed the Northern Ireland Protocol as a part of the Brexit deal.
Trade Tensions in NI
The Northern Ireland Protocol became a source of tension since Brexit came into force in 2021. According to the protocol, there is no checking at the Irish border. Instead, inspections and checks were conducted between Great Britain and Northern Ireland. The checks and customs control created an invisible border that caused dissatisfaction among unionists in Northern Ireland. Such rules and regulations have also created fears about rising nationalistic hoeps for Irish unity.
Peace in NI Is at Risk
The UK government has already said it would trigger Article 16 of the Northern Ireland Protocol to avoid division. Brexit regulatory for Northern Ireland aligns the nation close with the EU than the rest of the UK. People in Northern Ireland feel they have been treated differently from the rest of the UK. So, the protocol is a threat to the Good Friday Agreement on which Northern Ireland depends. The peace agreement ended decades of troubles between the pro-Britain and pro-Irish unity people.
UK PM’s Unilateral Action
The Northern Ireland Protocol ensures there is no hard border on the island of Ireland. However, there are trade disputes and London can use the safeguard piece, Article 16 of the Northern Ireland Protocol. Westminster wants to keep Northern Ireland calm and has already decided to get rid of parts of the protocol. Nevertheless, by scrapping some parts of the Northern Ireland protocol, the UK will breach an international law. The EU has called for the UK to comply with the provisions of the agreements.
Breaching a Deal Hits the UK
Despite fears for peace in Northern Ireland, Liz Truss should not forget years of negotiations with the EU to get a trade deal. Brexit Deal is an internationally recognized agreement between officials of the United Kingdom and the European Union. According to the UN’s International Law Commission, a country can break international law at the state of necessity to safeguard an essential interest from a grave and imminent peril. Although the UK justifies the use of this doctrine for the new trade problems, it could lose its international reputation.
What Is Article 16
Article 16 of the Northern Ireland Protocol is a mechanism of the Brexit arrangements. If the protocol leads to serious economic societal or environmental difficulties, London or Brussels may unilaterally take appropriate safeguard measures. Triggering Article 16 of the Northern Ireland Protocols would allow Liz Truss to take unilateral action. If a safeguard measure creates an imbalance between the rights and obligations under the protocol, either side may take strict rebalancing measures. Measures should least disturb the functioning of the protocol.
EU Warns UK
The EU member states have several times warned Westminster that the safeguard mechanism would have an impact on the ties. Despite Brexit, the EU remains the UK’s largest trading partner. Taking unilateral safeguard measures would have a huge impact on trade cooperation. The EU wants to deter the UK from taking an action that would harm already damaged ties. Although Article 16 of the Northern Ireland Protocol is a legal mechanism, it will bring serious economic outcomes. Any termination of the trade deal could result in hard responses, too.
US Warns Truss
The US government also warned Liz Truss against triggering Article 16 of the Northern Ireland Protocol. The spokesperson of the White House has said efforts to undo the Northern Ireland Protocol would not create a conducive environment. US President Joe Biden and Liz Truss have agreed, in a meeting, on preserving peace in Northern Ireland. The new prime minister prefers a negotiated solution with the EU over Northern Ireland. Nevertheless, the UK government needs to make a balance there.
London Prioritizes NI over EU
The unionists support Northern Ireland being part of the UK. They argue that the protocol creates a border across the Irish Sea and undermines Northern Ireland’s place within the UK. The Democratic Unionist Party (DUP) had threatened it would not participate in politics unless there is no protocol. On the other hand, the European Commission threatened to take legal action against the UK for not keeping to the protocol. Liz Truss’s government will most probably prefer to keep peace in Northern Ireland to avoid division within the UK.
Article 16 Is a Credibility Test for Truss
Six years have passed since the Brexit vote, and two years ago the UK withdrew from the EU. Today, the UK government’s failure or success in Northern and Europe still depends on Brexit. As the foreign secretary, Liz Truss had said the UK would rewrite parts of the protocol. As the UK Prime Minister, Truss may take a big gamble by rewriting some parts of it. Liz Truss faces a credibility test over peace in Northern Ireland and ties with the EU.
