Slugger O'Toole

Conversation, politics and stray insights

Comment Archives for Teri

Born in Scotland of Irish/Northern Irish descent. Retired headteacher. Regular reader of this blog but usually lurk in the background.
  1. Comment on UKIP: We’ve proved we can get votes in Wales, England and Northern Ireland…
    on 18 May 2013 at 7:12 pm

    So Farage thinks 2 years is a long time as that is when UKIP tried their luck in Scotland the last time. It was for the Holyrood Elections and if I remember correctly,they got 0.28 per cent of the vote. I doubt if it will have increased much sine then.

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  2. Comment on Unionists be warned. Negative campaigning against Scottish independence is not enough
    on 14 February 2013 at 2:23 pm

    Unfortunately those for the union have not learned any lessons from the defeat of Scottish Labour in 2011 Holyrood Election nor the start of the effects of that negativity in the 2007 Holyrood election which started they rise of the SNP and enabled them to form a minority government. Negativity turns people off in Scotland as does all the scaremongering.
    It is hard to take seriously the messages coming out from the Better Together campaign when the media tell us ‘Michael Moore warns’ or ‘Alistair Darling warns’. The Scots are a thrawn race with whom this does not wash.

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  3. Comment on Opening shots muffled in UK government’s fightback against Scottish independence campaign
    on 12 February 2013 at 7:31 pm

    The most significant part of this paper for Scots can be found in paragraphs lurking around the middle of the document which state that Scotland does not exist;
    34. One view is that the union created a new state, Great Britain, into which the international identities of Scotland and England merged and which was distinct from both. Lord McNair writes: ‘England and Scotland ceased to exist as international persons and become the unitary State of Great Britain.’ This view has been relied on in UK courts: MacCormick v Lord Advocate.

    35. An alternative view is that as a matter of international law England continued, albeit under a new name and regardless of the position in domestic law, and was simply enlarged to incorporate Scotland. In support of this view, among other things:

    3 5 .1 Scottish members joined Parliament at Westminster, but there was no new election of its English members. This was in accordance with the Acts of Union Article XXII.

    35.2 Treaties concluded by England appear to have survived to bind Great Britain. Parry and Hopkins cite the Treaty of Alliance with Portugal as the oldest ‘British’ treaty, and it is generally accepted as being such, even though it was concluded by England. They suggest that no treaty between Scotland and a third state survives (though Scotland concluded treaties, for example with France, the Pope and Scandinavian states).

    35.3 England’s diplomatic representation in the rest of Europe continued uninterrupted. The Acts of Union Article XXIV appears to acknowledge this in retaining the Great Seal of England for transitional purposes.

    36. We note that the incorporation of Wales under laws culminating in the Laws in Wales Act 1536 (England) and of Ireland, previously a colony, under the Union with Ireland Act 1801 (GB) and the Act of Union 1800 (Ireland) did not affect state continuity. Despite its similarity to the union of 1707, Scottish and English writers unite in seeing the incorporation of Ireland not as the creation of a new state but as an accretion without any consequences in international law.

    3 7. For the purpose of this advice, it is not necessary to decide between these two views of the union of 1707. Whether or not England was also extinguished by the union, Scotland certainly was extinguished as a matter of international law, by merger either into an enlarged and renamed England or into an entirely new state.

    38. It is therefore misleading to speak of Scotland (or similarly of England, Wales, Northern Ireland or the isle of Great Britain) as if it were an entity already possessing international personality in its own right or some other relevant international status, regardless of what status it may have as a matter of UK domestic law.

    39. It may also be misleading to speak of dissolving the ‘union’ effected by the incorporation of those territories: whatever the position historically or politically or in domestic law, in international law the position of the UK does not necessarily differ from that of a state formed in some way other than by a ‘union’.

    I cannot see this helping the Better Together campaign to any great extent.

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