
Boris’s Protocol shake-up faces two major challenges
The UK government has now published both the text of the Northern Ireland Protocol bill and a summary of its legal arguments. The main plank of the government’s case for why it isn’t breaching international law rests on the doctrine of necessity. The government document states that ‘the term ‘necessity’ is used in international law to lawfully justify situations where the only way a State can safeguard an essential interest is the non-performance of another international obligation. Under conditions defined in Article 25, the action taken may not seriously impair the essential interests of the other State(s), and cannot be claimed where excluded by the relevant obligation or where the
