Editor-in-chief's introduction to the autumn issue of volume VII of the cambridge law review
| Pages | 2-6 |
| Date | 01 October 2022 |
| Published date | 01 October 2022 |
| Author | Andreas Samartzis |
II
EDITOR-IN-CHIEF’S INTRODUCTION TO THE
AUTUMN ISSUE OF VOLUME VII OF THE
CAMBRIDGE LAW REVIEW
It is with great pleasure that I present the Autumn Issue of Volume VII of the
Cambridge Law Review. Another academic year has come to an end, over which
our journal has received a significant number of interesting submissions.
In this issue’s first article, Scott Morrison analyses the legal, economic, and
political implications of Brexit for Northern Ir eland in l ight of the Northern
Ireland Protocol. The author considers that the Protocol has failed to strike the
right balance between nationalists and unionists. In favouring the nationalist
position of avoiding a hard border between the Republic of Ireland and Northern
Ireland, the Protocol has disrupted the movement of goods between Northern
Ireland and Britain. It has done so by imposing customs duties on all goods subject
to commercial processing, as well as to goods which are at risk of being sold in the
EU single market. As the local economy relies primarily on trade with Britain, this
development has had an alarming impact on the economy of Northern Ireland.
The author examines two solutions to the particular problem of the disruption of
the food supply, one involving the UK aligning with EU regulations on food
products, the other advocating for a precise definition of the class of products at
risk of being sold in the EU single market. The author considers the former to be
the most effective with respect to resolvin g the disruption of the food supply, but
concedes that it is politically un feasible under the present circumstances. The
article then turns to the legal enforcement of the Northern Ireland Protocol. The
author here expresses some d oubt on whether the preliminary reference
procedure to the Court of Justice of the European Union and the possibility of
opening infringement proceedin gs for violation of the Protocol will result in the
effective resolution of legal disputes, given the UK’s dualist legal system and the
UK government’s statements about the prospect of disregarding international law.
Finally, the article examines the political unrest following the adoption of the
Protocol and the dissatisfaction—which has led to litigation—around the fact that
the Northern Irish Assembly is disabled from having a voice on the continuing
validity of the Protocol until 2024.
In “‘Legitimate’ Protest in European Human Rights Law: A Critical
Reconstruction”, Mythili Mishra studies the construction of ‘legitimate’ protest in
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