On 10th September 2020, Her Majesty’s Government published the Government’s legal position on the UK Internal Market Bill, which was introduced in the Commons on 9th of September. It quotes the judgment approved unanimously by the Supreme Court in R (Miller) v Secretary of State for Exiting the European Union  UKSC 5.
‘Parliament is sovereign as a matter of domestic law and can pass legislation which is in breach of the UK’s Treaty obligations. Parliament would not be acting unconstitutionally in enacting such legislation. This ‘dualist’ approach is shared by other, similar legal systems such as Canada, Australia and New Zealand. Under this approach, treaty obligations only become binding to the extent that they are enshrined in domestic legislation’.
Thank you Gina Miller for obtaining this judgment
The Vienna Convention of the Law of Treaties states that if a treaty is no longer in a nation’s interest then that nation can withdraw from the treaty. The agreement with the EU was for a trade agreement. The EU have insisted that they will not negotiate a trade agreement unless we let them steal our fish. Therefore we had every right under international law to withdraw from the agreement.
The withdrawel agreement states that the EU were to offer us a trade agreement. So far it has not been offered. On the contrary! The gangsters in Brussels have said “No trade agreement unless you let us keep stealing your fish”
The EU have offered us nothing but No Deal since 2016. We want a deal. They don’t. They want our fish.
Legal arguments showing how the EU has broken its own treaty with the UK
- Essential condition of participating in Withdrawal Agreement (WA) : to secure a free trade agreement (FTA)
- The EU has been acting in breach of a material term of the WA by denying the UK an FTA
- The EU has attempted to impose wholly unreasonable restrictions on the UK which no other country would accept
- The treaty was therefore entered into by the UK on a false premise from the EU
- The EU has breached its legal obligation to act in good faith
- The WA breaks the terms of the Good Friday Agreement
- The WA is in breach of the ECHR principle of the right to vote
- The WA is in breach of the UN Charter’s principle of “self-determination”, its most important tenet
- The UK Government must now pass an Act of Parliament superseding and revoking the WA
- The UK as a state retains its sovereign right to withdrawal from the EU, which is an international organisation
- When the UK exercised its right to leave, it participated in the WA process on the basis of an essential condition: agreement on a future permanent arrangement with the EU that enshrines UK sovereignty and secures an FTA
- The Protocol and other aspects of the WA are incompatible with the agreement intended for the end of 2020
- The EU has been acting in breach of a material term of the WA, meaning that the treaty was entered into on a false premise
- The Protocol is in breach of the ECHR principle of the right to vote
- The UK must exercise its right to suspend and terminate the WA obligations
- The UK must subsequently pass an Act of Parliament superseding the WA, in line with Parliamentary Sovereignty under Section 38 of the Withdrawal Agreement Act 2020
Here is a 68 page document putting forth the legal argument for scrapping the withdrawell agreement.
The most hated politician in Britain with his insignificant predecessor are trying to stop us from withdrwing from an agreement that their beloved EU has already broken. Also all the Staylinists in the parliamentary Consertvstive Party who pretended to be Brexiteers to get elected have come out of the woodwork. But it is clear that it was the EU who broke international law, not the UK.
Tony Blair who wrecked this country’s reputation by taking us into an illegal war, has the audacity to talk about the reputational damage of violating international law. The repulsive hypocrisy of the reviled creature!
Then there’s John Major. We know who the bastards are in 2020 don’t we?
We are leaving the EU completely. The Staylinists wanted us to be mostly out but still locked into the racket somehow so they could start their campaign to take us back in to the poverty creating, anti democratic, imperialist project. The sleight cajolery continues but we are leaving 100%. Good bye!