andrewducker: (Default)
andrewducker ([personal profile] andrewducker) wrote2012-02-21 09:48 am

Amy international law experts around?

I am confused by some of the reporting around Independence, so hopefully someone can clear things up for me*.

My understanding is that if Scotland becomes independent, then that ends the United Kingdom (which is named after the uniting of the Kingdom of England and the Kingdom of Scotland into one Kingdom). We are not left with The United Kingdom, and "that bit which used to be part of it, but isn't any more". We have two new countries.

So why is it that I keep reading stories about how Scotland will have to renegotiate X and Y with Europe, NATO, the UN, etc. - which also assume that England+Wales+NI won't have to negotiate anything at all. Surely either both new nations will have to negotiate their relationship with various organisations, or both will inherit the relationship from the nation they are successors to.

Anyone care to put me right? Or at least tell me that everyone disagrees?



*Although the experts also seem to be confused, so probably not.

[identity profile] steer.livejournal.com 2012-02-21 02:04 pm (UTC)(link)
I think that's because you only normally sign it when you break up (undergo revolution or otherwise change status). [If you look at the notes, Germany has also signed it].

Look at the signatories (and especially the dates where they sign) here:

http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXIII-2&chapter=23&lang=en

I may be wrong -- but it seems like you sign (and add caveats) once you actually break up/become independent or some time afterwards (in the case of St Vincent 20 years after).

That page has its UN status as "entered into force". So my guess is that remainder of UK and Scotland will sign this (or would normally be expected to sign this) if Scotland becomes independent.