A debate over breaking treaties turned out to be partly a debate over how to leave them. No narrowly won, yet voters on both sides drifted towards the same exit door: renegotiate, then withdraw, but don't breach.
The most-respected Yes case was a broadside against international law itself, citing the Chagos ruling and judges it painted as unfit to sit in judgment on the UK. Others were blunter about sovereignty: “British sovereignty must come first”. One voter wanted an easy mechanism for Parliament to override treaty challenges.
The most-respected No case was about standing, not sentiment: “International law is no more an option than domestic law is.” Another No voter put the point as a question of trust, asking “Why bother signing a treaty if you will just break it the moment it no longer suits you.” Their answer was renegotiate or terminate.
Here the sides blurred. One Yes voter conceded “we might not need to break the law”, pointing to the ECHR's margin of appreciation, and another wrote that the UK should “leave the Treaty…not breach it”. A No voter likewise allowed that Parliament can choose withdrawal. The real disagreement was whether withdrawal counts as breaking, and whether the UK's word is worth more than its freedom to act.
One voter complained that the wording was “not ideal”, and plenty of arguments on both sides seemed to agree.
83 Opinions
International law is nice in principle but many of the agreements are championed by undemocratic, corrupt or dictatorial regimes. Take the Chagos ICJ judgement where one of the judges who voted against the UK was a former member of the Chinese Communist Party who thinks Russia was right to invade Ukraine. Another was a Caribbean judge who thinks we should pay £18 trillion in reparations. We need to put our own interests first and ignore these grifters. Edited
I thought this was one of the main reasons we voted for brexit. To decide for ourselves what is best for britain.
Our politicians should stop signing us up to theses international laws/rules and also take a good long hard look at the ones we’re already committed to & decide whether it’s on OUR best interest to stay in them. Some of them definitely are NOTin our best interest & we should leave them.
We should honour our word. If we've changed our minds we lobby to adjust the agreement or we respectfully withdraw with reasons. If everyone just breaks their agreements, they're worthless paper and it reduces international cooperation through damaged trust.
This is why people voted for brexit and also why it hasn’t worked as intended. we want a government the works for and answers to the British voting public. Anything working against the interests of the British people and their financial and personal safety, such as the ECHR, should be scrapped.
International law is no more an option than domestic law is. Historically, our standing in the world has been based upon the rule of law. We squander this at our peril, and risk empowering despots.
Other countries have no problems with putting their interests first. It's a great shame our current govt have severe problems putting UK plc first.
Yes, but we might not need to break the law. The ECHR has a doctrine called the "margin of appreciation" where it will bow to national needs and culture. Eg nobody is insisting Saudi Arabia adopts gay rights. Our issue is slavish rule-following UK politicians, lawyers and judges never using the margin.
There needs to be an easy legislative mechanism for parliament to acknowledge it is going to violate one of these treaties and block legal challenges on the grounds of international law. As an example this could then have been implemented by the Tories to get their Rwanda deportation scheme through. Similarly, legal challenges to approving oil, gas, and even metallurgical coal projects have been brought under net zero legislation - approvals should block such challenges
Breaking an agreement to maintain UK integrity is just as important as honouring agreements.