Brexit: a Messy Dovetailing of Law and Politics

Professor Barnett discusses the legal complexities surrounding Brexit, focusing on the UK's desire for a unilateral exit from the backstop, which regulates relations between Northern Ireland and the Republic of Ireland. The EU views the backstop as an insurance policy, leading to a legal and political impasse. The UK sought to introduce the concept of 'reasonableness' to limit the European Court of Justice's influence, but this was met with resistance. An arbitration mechanism was proposed, but ultimate authority remains with the EU. The discussion highlights the intersection of law and politics in Brexit negotiations.

What was the UK's main request regarding the backstop in the Brexit negotiations?

• No changes to the backstop

• A permanent inclusion in the backstop

• A unilateral exit from the backstop

• A bilateral agreement on the backstop

Why did the UK want to include the term 'reasonableness' in the Brexit agreement?

• To align the agreement with European law

• To ensure the EU has control over the agreement

• To make the agreement more flexible

• To limit the European Court of Justice's influence

What is the role of the European Court of Justice in the Brexit negotiations?

• To enforce UK laws

• To oversee EU customs union matters

• To draft new Brexit agreements

• To mediate between the UK and EU

How many independent arbitrators are proposed in the Brexit arbitration mechanism?

• Five

• Ten

• Fifteen

• Twenty

What is the main challenge in the intersection of law and politics in the Brexit negotiations?

• Finding a common language

• Ensuring public support

• Balancing legal and political decisions

• Agreeing on economic terms