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

Author(s):  
Carlos COELLO MARTÍN ◽  
Fernando GONZÁLEZ BOTIJA

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.

2021 ◽  
Vol 51 (2) ◽  
pp. 186-211
Author(s):  
Lesley-Ann Daniels ◽  
Alexander Kuo

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.


2016 ◽  
Vol 16 (2) ◽  
pp. 116-118 ◽  
Author(s):  
Hester Swift

AbstractHester Swift writes about the successful one-day courses on foreign and international legal research that have been run since 2009 at the Institute of Advanced Legal Studies (IALS) in conjunction with BIALL. These courses have been a collaborative venture between the Foreign and International Law Librarians at the Bodleian Law Library at Oxford, the Squire Law Library at Cambridge, and the IALS Library, together with law librarians from the University of London's School of Oriental and African Studies and the University of Cardiff. The courses have attracted delegates from many different sectors of the legal information profession. The post of Foreign and International Law Librarian, or Foreign, Comparative and International Law Librarian, is relatively new to the UK, but has a long history in the United States. The BIALL-IALS foreign and international law training initiative complements the cooperation of the Foreign Law Research (FLARE) Group.


2013 ◽  
Vol 22 (1) ◽  
pp. 59-89
Author(s):  
Simone Vezzani

As recognised by the International Law Commission in the 2011 Draft Articles on the Responsibility of International Organisations, the rule of the prior exhaustion of internal remedies also applies to cases where the international responsibility of international organisations is invoked, be it in the field of diplomatic protection or human rights. This essay focuses on the application of this rule to the European Union (EU). The author maintains that the legal remedies available to individuals alleging injury as a result of an internationally wrongful act of the EU include both direct remedies before EU courts and remedies before domestic tribunals. He then scrutinises whether each remedy is capable of providing individuals with accessible and effective means of redress.


2011 ◽  
Vol 13 (1) ◽  
pp. 1-30 ◽  
Author(s):  
Kees Groenendijk

AbstractSeveral States require immigrants from outside the EU to participate in language or integration courses after arrival. In recent years, some EU Member States made passing a language test (Netherlands and Germany) or participating in a language course (France) a condition for a visa for family reunification for immigrants from certain third countries. Denmark and the UK introduced a similar requirement in 2010. The focus of his article is on three aspects: the political debate, the legal constraints and the effects. Firstly, the development of the pre-departure integration strategies is analyzed. What was the rationale behind the introduction and does is vary between Member States? Secondly, the legal constraints of EU and international law are discussed. Finally, the results of the first studies evaluating this policy instrument are presented. Is pre-departure a good predictor for immigrant’s ability to integrate? Does it actually assist integration, and what are the unexpected or counterproductive effects?


2013 ◽  
Vol 15 ◽  
pp. 83-99 ◽  
Author(s):  
Nicholas Forwood

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.


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.


Subject The impact of Brexit on the UK agricultural and food and drink sectors. Significance Agriculture and the food and drink sector will be among those industries most affected by Prime Minister Theresa May’s decision to pursue a ‘hard’ Brexit. It is uncertain to what extent domestic agricultural policies will replace the support and funding mechanisms of the EU. The food and drink sector will have to adjust to the possibility of future tariffs. Impacts Scottish independence would hit the drink sector, with Scotch whisky alone accounting for almost one-quarter of UK food and drink exports. The burgeoning UK wine industry could be damaged if the informal knowledge transfer from French wine experts slows down. The United Kingdom and the EU will need to cooperate on the issue of access arrangements for fishing.


Significance For the first time, there is a sustained increase in support for Scottish independence. The main reasons include dislike of UK Prime Minister Boris Johnson and his cabinet north of the border, the UK government’s pursuit of a ‘hard’ Brexit and questions about its response to the COVID-19 pandemic. Impacts Soaring Scottish unemployment when the UK furlough schemes end would undermine London’s claim to be protecting Scottish jobs. Rising support for Scottish independence could prompt the UK government to seek a closer trade agreement with the EU. The UK government will be unable to conceal the economic impacts of Brexit under the economic fallout of COVID-19. A Scottish vote for independence would put huge pressure on the UK government to resign and call early elections.


Development ◽  
2021 ◽  
Vol 148 (15) ◽  
Author(s):  
Seema Grewal

Jamie Davies is Professor of Experimental Anatomy at the University of Edinburgh. Spanning the fields of developmental biology, tissue engineering and synthetic biology, his research aims to understand the mechanisms by which cells organise themselves into tissues, focussing on the kidney. In addition to his research, Jamie is involved in science communication and public engagement, having written several books for specialist and non-specialist readers, and having given numerous public lectures and broadcasts. In April 2021, Jamie was awarded the inaugural Wolpert Medal from the British Society for Developmental Biology (BSDB), which is presented to outstanding developmental biologists who have made a significant contribution to teaching and communicating developmental biology in the UK. We spoke to Jamie to ask him about his cross-disciplinary research interests, his thoughts on public engagement and his advice for young researchers.


2020 ◽  
Author(s):  
Jaime A. Teixeira da Silva

Hungary is geographically central in the European Union (EU). Being linguistically and culturally distinct, Hungary is ideally positioned and somewhat unique, being surrounded by seven other nations. In academics, the challenges facing Hungarian scholars are no different than other scholars in the EU, or globally. In the past few years, research ethics has become more stringent, in part as a result of fortified post-publication peer review. This letter provides one perspective about the state of Hungarian research and academia relative to other EU nations through the prism of research ethics, and in the form of literature corrections, including retractions. Using the Retraction Watch database, 24 retractions, corrections or expressions of concern were observed. One third of those emerged from the University of Debrecen. Five of the corrections were in Elsevier journals, followed by four in Springer Nature journals. Compared with the remaining 26 EU nations, excluding the UK (i.e., considering Brexit), Hungary ranks 17th in terms of number of corrections (range: Malta = 2; Germany = 751). These numbers suggest either that research ethics may be more stringent in Hungary, or that the Hungarian literature has not been sufficiently scrutinized through post-publication peer review.


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