scholarly journals Brexit and Territorial Preferences: Evidence from Scotland and Northern Ireland

2021 ◽  
Vol 51 (2) ◽  
pp. 186-211
Author(s):  
Lesley-Ann Daniels ◽  
Alexander Kuo
Keyword(s):  
Northern Ireland ◽  
Religious Background ◽  
Scottish Independence ◽  
The Uk ◽  
The Eu

Abstract Has the UK referendum to leave the EU (Brexit) affected territorial preferences within the UK? We draw on comparative theories of such preferences to address this question, as Brexit can be seen as a shock to a political unit. We test hypotheses in two key regions, Scotland and Northern Ireland, with original surveys fielded at a unique time (September 2019). We randomize making salient different Brexit scenarios and measure support for Scottish independence and unification with Ireland within each region. We find in Scotland the prospect of leaving the EU increases support for independence. This effect is pronounced among those who support the UK remaining in the EU. In Northern Ireland, religious background correlates highly with territorial views, and we find little evidence of Brexit or border-scenario effects. Our results contribute to the literature on decentralization processes and the EU, and provide evidence of when negative shocks affect such preferences.

scholarly journals Territorial Differentiation in EU Law: Can Scotland and Northern Ireland Remain in the EU and/or the Single Market?

2017 ◽  
Vol 19 ◽  
pp. 287-310 ◽  
Author(s):  
Nikos SKOUTARIS
Keyword(s):  
Northern Ireland ◽  
Single Market ◽  
Eu Law ◽  
Legal Basis ◽  
Eu Accession ◽  
Territorial Differentiation ◽  
Scottish Independence ◽  
The Uk ◽  
The Right ◽  
The Eu

AbstractIn the Brexit referendum of 23 June 2016, voters in England and Wales voted to leave the EU, while in Scotland and Northern Ireland they voted to remain. Following that, there has been a debate about how it would be possible to achieve the continuing presence in the single market of the UK constituent nations that do not want to be taken out against their will. This paper explores two pathways for Scotland and Northern Ireland to remain in the EU and/or the single market. The first entails the achievement of Scottish independence and the reunification of Ireland through democratic referendums. To this effect, the paper reviews the right of secession of those two constituent nations under UK constitutional law. It revisits the debate on the appropriate legal basis regulating Scotland’s future EU accession and discusses the Irish reunification from an EU law perspective. The second pathway explores how it would be possible for Scotland and Northern Ireland to remain in the EU and/or the single market even without seceding from the UK. In order to do that, the paper points to the remarkable flexibility of the EU legal order as evidenced in numerous cases of differentiated application of Union law. The paper shows that the EU possesses the necessary legal instruments to accommodate the divergent aspirations of the UK constituent nations.

Between Two Unions

2021 ◽  
pp. 86-106
Author(s):  
Michael Keating
Keyword(s):  
Northern Ireland ◽  
Market Integration ◽  
Internal Market ◽  
External Support ◽  
The European Union ◽  
The United Kingdom ◽  
Eu Membership ◽  
Scottish Independence ◽  
The Uk ◽  
The Eu

The devolution settlement of 1999 was introduced during UK membership of the European Union. The EU provided an external support system for it. Ideas of shared and divided sovereignty, on which the EU is (for many) based, complement similar interpretations of the United Kingdom as a union rather than a nation state. Like the UK, the EU has no fixed demos, telos, ethos or agreed locus of sovereignty; these are, rather, contested. The EU also provided for market integration through the internal market, obviating the need for internal market provisions in the devolution settlement. EU membership for both the UK and Ireland meant that the physical border could be dismantled. UK withdrawal from the EU therefore destabilizes the settlement, especially given the Remain majorities in Scotland and Northern Ireland. This has revived demands for Scottish independence and Irish reunification. There is a protocol allowing Northern Ireland to remain within the regulatory ambit of both the UK and the EU. A demand for similar provisions for Scotland was refused.

Debates over Irish unification will gain traction

2021 ◽  
Keyword(s):  
Northern Ireland ◽  
Status Quo ◽  
Political Agenda ◽  
Successful Implementation ◽  
Northern Irish ◽  
Content Type ◽  
The United Kingdom ◽  
The Status ◽  
Scottish Independence ◽  
The Uk

Significance The differing perspectives of unionists and nationalists on the creation of Northern Ireland as a political entity within the United Kingdom, together with Brexit and tensions over the Northern Ireland Protocol (NIP), have brought the contentious issue of Irish reunification onto the political agenda in Northern Ireland and the Irish Republic. Impacts Scottish independence would likely increase momentum for a referendum on Irish unity. Successful implementation of the NIP, giving firms access to EU and UK markets, may support arguments for maintaining the status quo. If the UK government abandons the NIP, the adverse trade impact on Northern Irish firms could increase support for unification.

El informe sobre las implicaciones de la independencia de Escocia y su adhesión a la Unión Europea

2014 ◽  
pp. 981-1016
Author(s):  
Carlos COELLO MARTÍN ◽  
Fernando GONZÁLEZ BOTIJA
Keyword(s):  
International Law ◽  
Alternative Possibility ◽  
British Government ◽  
International Organisations ◽  
New States ◽  
University Of Edinburgh ◽  
Scottish Independence ◽  
The Uk ◽  
The University ◽  
The Eu

LABURPENA: Gobernu britainiarrak azterketa bat argitaratu du Eskozia burujabe batek ekarriko lituzkeen ondorioei buruz. Dokumentu horri erantsita doa bi irakasleren azterketa (James Crawford eta Alan Boyle, Edinburgoko Unibertsitatekoak), Eskoziaren burujabetza-erreferendumari buruzko alderdi juridikoak jorratuz. Bertan ondorioztatzen denez, Eskozia burujabe egiten bada, estatu berritzat hartuko da nazioarteko Zuzenbidearen ikuspegitik, eta gainerako estatuak oraingo Erresuma Batua ordeztuko luke, bere erakundeei eutsiz, eta bi estatu berri agertzearen ideia baztertuz. Horregatik, gainerako Erresuma Batuak orain kide den nazioarteko erakundeen kide izaten jarraituko luke, eta Eskoziak bere atxikipena eskatu beharko luke estatu berri gisa. Hala gertatuko litzateke, adibidez, Europar Batasunarekin. RESUMEN: El Gobierno britanico ha publicado un documento de analisis sobre las implicaciones que conllevaria una Escocia independiente. Como anexo a dicho documento se encuentra el estudio de dos profesores (James Crawford y Alan Boyle de la Universidad de Edimburgo) que analizan los aspectos juridicos del referendum sobre la independencia de Escocia. En ese estudio se concluye que si Escocia llega a ser independiente, se considerara como un nuevo Estado desde el punto de vista del Derecho internacional y el resto del actual Estado sucedera al actual Reino Unido, conservando sus instituciones, rechazandose la idea de que aparezcan dos nuevos Estados. Por ello el resto del Reino Unido continuaria como miembro de las organizaciones internacionales de las que es actualmente miembro, mientras que Escocia tendria que solicitar su adhesion como un nuevo Estado. Este seria el caso de la Union Europea. ABSTRACT: The British Government has published a major analysis paper on the implications of Scottish independence: ≪Scotland Analysis: Devolution and the Implications of Scottish Independence≫. The paper annexes an Opinion written by Professor James Crawford along with Professor Alan Boyle of the University of Edinburgh, entitled ‘Opinion: Referendum on the Independence of Scotland – International Law Aspects’. The Opinion concludes that if Scotland becomes independent, it will be considered a new state as a matter of international law and the remainder of the UK will continue the legal identity of the UK and retain its existing institutions generally uninterrupted. It rejects the alternative possibility that Scotland and the remainder of the UK will both be considered new states. The Opinion also concludes that one consequence of this is that the remainder of the UK will continue its membership of international organisations, whereas Scotland will have to join many of them as a new state. In particular, Scotland will have to join the EU as a new member state.

The UK's Withdrawal from the EU

2021 ◽  
Author(s):  
Michael Dougan
Keyword(s):  
European Union ◽  
Northern Ireland ◽  
Critical Analysis ◽  
Legal Perspective ◽  
The Future ◽  
Article 50 ◽  
The Uk ◽  
The Eu

Following a national referendum on 23 June 2016, the UK announced its intention to end its decades-long membership of the EU. That decision initiated a process of complex negotiations, governed by Article 50 of the Treaty on European Union, with a view to making the arrangements required for an ‘orderly Brexit’. This book explores the UK’s departure from the EU from a legal perspective. As well as analysing the various constitutional principles relevant to ‘EU withdrawal law’, and detailing the main issues and problems arising during the Brexit process itself, the book provides a critical analysis of the final EU–UK Withdrawal Agreement—including dedicated chapters on the future protection of citizens’ rights, the border between Ireland and Northern Ireland, and the prospects for future EU–UK relations in fields such as trade and security.

Scottish unionism faces a major struggle

2021 ◽  
Keyword(s):  
Northern Ireland ◽  
Vaccination Strategy ◽  
Content Type ◽  
Scottish Independence ◽  
The Uk

Significance The polls illustrate the plight of Scottish unionism, particularly in the context of Brexit and the COVID-19 pandemic. Impacts The success of the UK vaccination strategy is unlikely to have a significant impact on views about Scottish independence. Special Brexit arrangements for Northern Ireland and Gibraltar will compound Scottish anger over the removal of Scotland’s EU benefits. Due to a hard Brexit, Scottish independence would likely necessitate greater barriers to trade along the Scotland-England border.

The Irish Border

2020 ◽  
pp. 148-168
Author(s):  
Colin Harvey
Keyword(s):  
Northern Ireland ◽  
Peace Process ◽  
Violent Conflict ◽  
Controversial Issue ◽  
Long Term Consequences ◽  
The Uk ◽  
The Eu

This chapter focuses on Northern Ireland, a jurisdiction within the UK acutely affected by the nature of the Brexit debate and the process. It is a contested region that is divided along ethno-national lines and still emerging from a violent conflict. Removing Northern Ireland from the EU against its wishes will have long-term consequences that remain difficult to predict. One result is a more intense discussion of the region’s place within the UK, with Irish reunification acknowledged to be a way to return to the EU. The chapter then analyses the Protocol on Ireland/Northern Ireland attached to the Withdrawal Agreement which regulates the single most controversial issue in the Brexit process: namely, the Irish border question. It looks at the difficulties connected to the fragile peace process in Northern Ireland and explains the creative solution that was ultimately agreed in the withdrawal treaty to prevent the return of a hard border in the island of Ireland through regulatory alignment, while also indicating the challenges that the Protocol creates.

scholarly journals The Social Union after the Coalition: Devolution, Divergence and Convergence

2016 ◽  
Vol 46 (2) ◽  
pp. 251-268 ◽  
Author(s):  
MARK SIMPSON
Keyword(s):  
Northern Ireland ◽  
Social Security ◽  
Welfare Reform ◽  
Qualitative Interviews ◽  
Coalition Government ◽  
Reform Agenda ◽  
The Social ◽  
The Future ◽  
Scottish Independence ◽  
The Uk

AbstractIn 2009, the UK government emphasised that it was ‘deeply committed’ to the maintenance of the state's social union, embodied in a single social security system. Five years later, the future of this social union appeared less certain than at any time since the 1920s. Dissatisfaction with the ‘welfare reform’ agenda of the coalition government was a driver of support for Scottish independence in the 2014 referendum campaign. Meanwhile, the Northern Ireland Assembly failed to pass legislation to mirror the Welfare Reform Act 2012, normally a formality due to the convention of parity in social security. Despite Westminster's subsequent extension of the 2012 reforms to the region, divergence in secondary legislation and practice remains likely. This article draws on the findings of qualitative interviews with politicians and civil servants in both regions during a period covering the conclusion of the Smith Commission's work on the future of Scottish devolution and the height of a political impasse over Northern Ireland's Welfare Reform Bill that threatened a constitutional crisis. It considers the extent to which steps towards divergence in the two devolved regions have altered the UK's social union and to which the two processes have influenced one another.

Chinese Curses, Lawyers’ Dreams, Political Nightmares and New Dawns: Interesting Times for the UK’s Relationship with the EU

2013 ◽  
Vol 15 ◽  
pp. 83-99 ◽  
Author(s):  
Nicholas Forwood
Keyword(s):  
European Union ◽  
Member State ◽  
The European Union ◽  
Judicial Cooperation ◽  
Opt Out ◽  
Scottish Independence ◽  
The Uk ◽  
Criminal Matters ◽  
The Eu ◽  
End Results

AbstractThis chapter aims to explore some challenges that are likely to arise in the context of the UK’s present and future relationships with the EU. Three aspects come under scrutiny, namely the global opt-out available for the UK in the field of police and judicial cooperation in criminal matters (Protocol 36 to the Treaty on the Functioning of the European Union (TFEU)), the 2014 referendum on Scottish independence and the contemplated 2017 referendum on whether the UK should remain an EU Member State. The chapter stresses not only the importance of restoring objectivity in the debates surrounding these issues, but also the necessity of taking due account of the uncertainties that these processes unavoidably entail as to their end results for both the UK and Scotland.

EU-UK deal allows Cameron to campaign against Brexit

2016 ◽  
Keyword(s):  
United Kingdom ◽  
Prime Minister ◽  
Transition Period ◽  
David Cameron ◽  
Content Type ◽  
The United Kingdom ◽  
Eu Membership ◽  
Scottish Independence ◽  
The Uk ◽  
The Eu

Subject The package of reforms on a new EU-UK relationship. Significance The agreement between the United Kingdom and its EU partners sets the stage for the UK referendum on EU membership, which Prime Minister David Cameron has set for June 23. Cameron said he had negotiated new terms that would allow the United Kingdom to remain in the EU. Impacts The deal bolsters the campaign to remain in the EU, but the referendum outcome is still highly uncertain. The deal will only come into effect if the outcome is for remaining, forestalling a second referendum for better terms. If the outcome is for leaving, a new relationship with the EU would have to be negotiated during a two-year transition period. It would also probably lead to a second Scottish independence referendum and UK break-up.

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