In what seems like, I have to admit, another rather lazy post for me, I wondered if anyone had any opinions on this aspect of the law (particularly given Mr Carmichael's recent references to international law) which I had not considered before.
Our First Minister and Spain's Prime Minister are both
correct in their interpretations of EU Law.
Spain cites a part of the EU Treaty relating to a
"region" of a country. The First Minister is correct to point out
Scotland is a country and not a "region" therefore the part of the
Treaty cited by Spain does not apply to Scotland.
The Treaty of the Union 1707 is an International Treaty. The
Scots negotiating the 1707 Treaty cannily insisted on it being an International
Treaty.
The legal ramifications of a Yes vote are far more integrate
than the current assumptions. First, the Union of the Crowns 1603 will still be
in place and it is this Union which gave rise to the establishment of the
United Kingdom.
Therefore the title United Kingdom will have to be removed
from the Union of England, Wales and Northern Ireland.
Secondly, the 1707 Treaty established the new nation state
of Great Britain; with a Yes vote Great Britain ceases to exist. Given that the
United Kingdom between Scotland and England will still exist it could be
seriously argued that two new nation states would exist upon a Yes vote:
Scotland and the Union of England, Wales and Northern Ireland.
This is not the simple issue the Unionists' make it out to
be; this is not my opinion but the law of the land.
Jim Dear
Arbroath
