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Holger Hestermeyer Profile picture
Holger Hestermeyer
@hhesterm
Professor of Int’l & EU Law @KCL_Law past: Adv @LordsEUCom, midc.f @BritishAcademy VP @sielnet, Référendaire @EUCourtPress, @MPILheidelberg
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Oct 8, 2018 • 9 tweets • 5 min read
So we are doing FTAs with Chile and South Africa? I have some sympathy for the poor Express journalists (here @DavidPBMaddox ) whose names are on articles like these. But oh well - why Chile? Why South Africa? What’s this about? A thread @DavidPBMaddox Let’s start with the basics: these are NOT new FTAs. This is what is known as “rollover”. If you’ve followed the debate, you know there’s actually TWO rollovers: One for the transition period, one for the endgame. What’s the difference?
Oct 7, 2018 • 6 tweets • 2 min read
Signs of an increasingly disrupted world order - short thread, which - I fear - will get longer over time. Exhibit 1: Interpol president disappears. China remains silent. Exhibit 2: Saudi Arabia freezing new trade with Canada over human rights criticizsm reuters.com/article/us-sau…
Sep 29, 2018 • 8 tweets • 2 min read
Some #Brexit thoughts on the “rollover” of EU agreements relating to this tweet. Hopefully a short thread on government and transparency. The first point is on the facts. The tweet gets them wrong. If you have followed the discussion you will know that there are actually two rollovers, one for transition, one after that. None of them is certain. Reporting states that one FTA is ready for rollover to a UK treaty.
Sep 29, 2018 • 4 tweets • 1 min read
This is an interesting case - time for a quick reminder what’s at issue (short thread). At issue is a possible breach of the so-called “emoluments” clause. There’s a foreign and a domestic one, both are involved. Here’s the Constitutional wording.
Sep 28, 2018 • 5 tweets • 2 min read
Maybe at this point a short #Kavanaugh appointment thread would be helpful. So: where are we and what does it mean? What are the Americans doing? Is this just a terrible version of House of Cards? Justices of the Supreme Court are nominated by the US President and appointed by the President “with the advice and consent” of the Senate. Art. II Sec. 2 of the Constitution.
Sep 23, 2018 • 8 tweets • 3 min read
@davidallengreen You’re putting your thumb on an interesting spot. The right is an interesting one. Notice article 20 TFEU at the very end: “These rights shall be exercised in accordance with the conditions and limits defined by the Treaties and by the measures adopted thereunder.” @davidallengreen The decisive document is directive 2004/38. That directive contains the rights to free movement. Its central concept is this:
Sep 21, 2018 • 5 tweets • 1 min read
A short reflection on our bespoke future agreement, Ukraine and Switzerland (mini-thread) It has been quite common recently in Brexit discussions to point to examples to discuss the future relationship: “but look what you do with Ukraine” (Switzerland to a lesser extent, we don’t like FoM)
Sep 21, 2018 • 6 tweets • 2 min read
Court of Session decides to refer question of unilateral withdrawal to CJEU - mini-thread (link to full decision in Philippe’s tweet) Here’s the question the court has drafted
Sep 20, 2018 • 5 tweets • 3 min read
This exchange is rather telling and very depressing. And I want to tackle one notion that @johnredwood brought up: he claims there’s no proposal that the UK government would put up customs controls for goods from the EU. That is actually wrong. (Mini-thread) @johnredwood Here’s the UK government’s very own trading with the EU if there’s no Brexit deal notice. Study it carefully. gov.uk/government/pub…
Sep 18, 2018 • 10 tweets • 2 min read
And we are back to an old problem: a topic of quite a bit of technicality is explained to politicians, some of whom have never dealt with the topic before, who explain it to other politicians who have not dealt with it trying also to spin it their way (mini-thread) Tariffs, FTAs, NTB, TRQs, CUs - none of this is the traditional daily business of 90% of politicians. Suddenly they are not just expected to know all of this, but also to be able to spin it to an electorate that is fundamentally split.
Sep 17, 2018 • 22 tweets • 8 min read
Yesterday I had a revealing exchange with a colleague I revere and I noticed: Brexit is a half-time job. Gove’s statement on simply changing Chequers post-Brexit has confused many. Can you do that? What’s this “political declaration thing”? A thread theguardian.com/politics/2018/… 1) Structure of the Brexit negotiations: The EU and the UK agreed on “sequenced” negotiations. This is from the April 2017 EU guidelines, but I will explain...
Sep 14, 2018 • 15 tweets • 2 min read
Dear U.K. government. I fear we need to speak about how to negotiate - how to negotiate trade deals, how to negotiate with the EU. I’ll make this short. But it is a thread. International negotiations are complex. But in any negotiation you need to know what you want and how you could get there.
Sep 11, 2018 • 6 tweets • 3 min read
I am not going to disect the Economists for Free Trade‘s work. Quite frankly it‘s too bad for that. But for the amusement of @tonylgardner here are the strangest parts of the press release (economistsforfreetrade.com/News/rees-mogg…) @tonylgardner “A world trade deal under WTO rules would boost the UK’s trade with the rest of the world including Europe” (yes, it does say that)
Sep 9, 2018 • 13 tweets • 3 min read
Quite a problematic article on the “rollover”. @Rob_Merrick So let me explain some of the issues independent.co.uk/news/uk/politi… @Rob_Merrick 1) You will notice the article says that the UK and the EU have agreed that the EU decides when negotiations for the rollover start and they haven’t yet. You’ll also notice that the same article says that the UK has already negotiated rollover with SADC. So what is going on?
Sep 7, 2018 • 11 tweets • 4 min read
I think I would add to this analysis, also in light of a comment by a user (@colmanareilly ) that there is no sensible solution. What is the problem with Brexit? (Short thread) @colmanareilly 1) The issue is not that there is no solution or no sensible solution. It is that there is no agreement what the problem is. Here’s how that is relevant:
Sep 5, 2018 • 5 tweets • 4 min read
A short comment on one of the items of @DominicRaab and @OllyRobbins testimony from today - the quote is taken from the Guardian summary of it (short thread) @DominicRaab @OllyRobbins The statement is indubitably correct (a compliment is due to @DominicRaab - he is much more in control of the issues than what I have seen before). But it raises two important concerns.
Sep 5, 2018 • 4 tweets • 1 min read
Das Gesetz ist zu begrüßen, zeigt aber eine unnötige Schwäche (Thread) Das Gesetz betrifft auch die Einbürgerung bei Beibehaltung der doppelten Staatsbürgerschaft. Dem Duktus des Entwurfs folgend bietet es dies für die transition an.
Sep 2, 2018 • 17 tweets • 10 min read
Some food for thought on GIs - from the perspective of someone with mixed feelings. Possibly of benefit after today’s discussion, @GregHands and @MarcusFysh @GregHands @MarcusFysh 1) GIs are a form of IP in that they grant a right to exclude others from using a protected designation. They thus join trademarks, patents, copyright, desing rights, circuit desings etc. There’s a large family of them.
Aug 31, 2018 • 18 tweets • 3 min read
Most evaluations of no-deal #Brexit scenarios (e.g. the @iealondon ones) seem to include some emergency last-second treaties between the EU and the UK that would be required. Does this work? People forget there are procedures. Read the thread to learn more. 1) you have probably read numerous comments along the lines of “it’s unrealistic to assume a deal after we haven’t reached a withdrawal agreement”. I’m not writing about that.
Aug 31, 2018 • 5 tweets • 2 min read
And there you have it: Trump’s not even interested in EU car tariffs. Because “consumer habits are to buy their cars”. Of course that’s not true. Europeans do not hesitate to buy GM and Ford (short thread). bloomberg.com/news/articles/… Here’s a list of best-selling brands in 2017 showing Ford at 6.6%, more than Audi, BMW, FIAT, Mercedes or Peugeot, and GM at 3.8. best-selling-cars.com/europe/2017-fu…
Aug 28, 2018 • 17 tweets • 5 min read
Let’s give some sources to this so that if you have the sad task to write on it, you just have to click some links (thread) First up: Trade Agreements. The EU has an EPA with SADC. That’s the Southern African grouping that includes South Africa and 6 other countries. Background here ec.europa.eu/trade/policy/c…