Read on Twitter
Interesting piece that raises a couple of things I've been thinking about. The first is fairness. While this started out being about sovereignty, a lot of the differences now come down to fairness. Second is on the solution floated...a thread 1/ https://twitter.com/JGForsyth/status/1337091917629296644
On fairness. The UK seems to see the EU's ratchet clause proposal as fundamentally unfair for a number of reasons.
1. Not required in any other FTA
2. Last min addition by EU
3. Not reciprocal
4. No recourse to challenge EU unilateral decision
2/
1. Not required in any other FTA
2. Last min addition by EU
3. Not reciprocal
4. No recourse to challenge EU unilateral decision
2/
So while dispute started out being about sovereignty, much of UK opposition now seems to be because EU's approach simply seems unfair. Of course, EU would say it is not fair that at some point in future UK could have zero tariff zero quote access with standards below EU's 3/
Furthermore, arguing about sense of fairness in international negotiations doesn't get very far. Its not really about what is fair but about what either side wants & can achieve. Fundamentally the EU think its can & should get these LPF provisions so it is pushing for them. 4/
This brings me onto @JGForsyth solution around arbitration. I think this could work & would provide a more balanced approach to any tariffs in future. The challenge comes around the ECJ. 5/
In the future if an arbitration panel is assessing the difference between UK law & EU law, it would likely have to refer to the ECJ on EU law since it is the only body which can interpret it. The UK side would be very unlikely to accept any ECJ involvement. 6/
Even here, there may be a way through which is hinted at in the piece. If the arbitration panel is not making judgments on UK or EU law but purely on any trade distortions. This may manage to keep ECJ out of it. 7/
Fundamentally, even if this approach isn't the solution it hints at a way through. Rather than thinking & arguing about sovereignty maybe trying to focus on building a fairer approach could help even though its not really how negotiations would usually work. ENDS 8/
