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EU membership dilemma



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Published Date: 13 October 2008
Alex Orr (Letters, 8 October) contrives to imply that whether an independent Scotland would automatically become a member of the European Union is merely a matter of personal opinion. But there is such a thing as informed opinion.
Lord Kerr, who has been at the heart of the EU during its most crucial developments and is currently vice-president of the European Policy Centre in Brussels, told The Scotsman (your report, 27 September) that an independent Scotland would have to
apply to become a member state. This is in line with the advice of European commissioner Joe Borg, reported in your pages a year ago, and the commission is the official guardian of the treaties.

It was through a treaty that we joined the then EEC, and the SNP's position with regard to EU membership is based on its interpretation of article 34 (1) of the 1969 Vienna Convention on Succession of States in Respect of Treaties, which would suggest Scottish inheritance of all UK treaties including those relating to the EU. But the Vienna Convention has been ratified by neither the UK nor the EU and was, moreover, followed by the judgment of the International Law Commission that seceding countries do not automatically succeed to membership of international organisations.

That a requirement for Scotland to apply for EU membership would oblige the remaining nine-tenths of the UK to reapply is a novel idea and should be taken up with the commission. Does Mr Orr truly believe Brussels would countenance a hiatus in its funding occasioned by the loss of its second largest financial contributor?

MARY ROLLS
Westerkirk
Langholm, Dumfriesshire


The global economic collapse (which can be rectified) is hiding something likely to cause far greater lasting harm to Europe, namely the scheduled signing of the ratification of the Lisbon Treaty by Gordon Brown and the other EU "leaders" this month.

This, in effect, creates a vast EU state and transfers most remaining law-making and controls to it. Most worrying, it also gives that state the power to produce future laws without needing the consent of parliaments of member countries.

There is no stopping these shady EU politicians and they will keep on relentlessly creating their vast European empire, destroying our economy and controlling every aspect of our lives.

JOHN G GREER-SPENCER
Touch Wards
Dunfermline, Fife




The full article contains 392 words and appears in The Scotsman newspaper.
Page 1 of 1

  • Last Updated: 12 October 2008 8:48 PM
  • Source: The Scotsman
  • Location: Edinburgh
 
1

Guga II,

Rockall 13/10/2008 08:37:50
If it meant that we could get out from that totally corrupt organisation, the EU, that would seem to me to be yet another good reason for Scotland becoming independent.
2

G,

dundy 13/10/2008 10:16:38
So what is it, SNPites. Independence in Europe or independence outside the EU?
What is Scotland's best option? What is the SNP policy?
Except keeping quiet about this question?
3

Dr. James Wilkie,

Vienna 13/10/2008 13:32:53
It is getting to be a bit wearisome to counter all the specious arguments on the issue of Scotland and the European Union. Alex Orr has been writing nonsense on this subject for years and seems to be impervious to reasoned arguments or hard fact.

Lord Kerr is perfectly correct - an independent Scotland would have to apply for membership like any other state. The SNP's totally fallacious position is based on a superficial reading of two treaties that do not even apply to the EU. The two Vienna Conventions on the Succession of States are completely irrelevant in this context, because they apply to only a handful of states parties that have actually signed them, whereas the UK and the EU have not. Secondly, even under customary international law there is no automatic right of succession to plurilateral treaties like those of the EU.

The SNP will really have to stop letting its policies be decided by ill-informed dilettante factions. Instead, it should be conducting a root and branch investigation as to what advantages, if any, there would be in Scottish membership of the EU. I know of none of any significance, and a good deal of serious disadvantage that would arise out of EU membership. Political Europe consists of a good deal more than the European Union, and an independent Scotland would have no economic or other need to join it at all.

4

BobD,

14/10/2008 20:26:10
At last some common sense on a perplexing subject - thanks to James Wilkie. "Specious" is the perfect adjective to describe virtually all the arguments I've ever heard on either side of the EU argument, and it's quite frightening how shallow are the arguments of our political leaders.

Personally I take a much simpler approach - any organisation which has food destruction as a basic policy should be avoided like the plague.

 

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