Research Briefing
Could the Withdrawal Agreement be terminated under international law?
Could the UK unilaterally terminate the Withdrawal Agreement under international law if the Irish backstop, which the Agreement says is intended to be temporary, became permanent? An amendment from Sir Edward Leigh to the Government’s motion in December 2018 on approving the Withdrawal Agreement called for an assurance from the Government that it would terminate the Withdrawal Agreement if the EU refused to agree to removing the backstop at the end of 2021. This note looks at provisions in the Vienna Convention on the Law of Treaties for terminating and denouncing treaties, and arguments about whether these might apply to the Withdrawal Agreement if the Irish backstop were to persist.