Should UK have sued EU?

[motorbiking]

In international law, contracts and treaties share much common ground. The key difference isn't the drafting style, but the requirement for consideration along with the parties (states vs. entities)

 

[IWalkLikeHimaMartian]

In international law, contracts and treaties share much common ground. The key difference isn't the drafting style, but the requirement for consideration along with the parties (states vs. entities)

A contract is usually made under some national jurisdiction, so that in the event of a problem, there is a court of law to interpret the contract. The EU Treaties are made under the jurisdiction of the EU (the ECJ)

 

[motorbiking]

If you are genuinely interested look at UNCITRAL United Nations Commission on International Trade Law. Also Google the meaning of Consideration in contract law. There is no requirement for consideration in a treaty for it to be binding. A contract without consideration is nothing.

 

[IWalkLikeHimaMartian]

If you are genuinely interested look at UNCITRAL United Nations Commission on International Trade Law. Also Google the meaning of Consideration in contract law. There is no requirement for consideration in a treaty for it to be binding. A contract without consideration is nothing.

You are wandering into the hinterland with this, in fact you have confirmed a fundamental difference between contracts and Treaties!
There is no point introducing the concept of 'consideration' in a contract and comparing it with treaties, because it is simply not applicable, which you acknowledge!
'Consideration' is about the price of something. It has absolutely nothing to do with there being no mention in the Lisbon Treaty about cancelling an Article 50 notice!
So it is just a diversion, nothing more, nothing less. Either that, or your have forgotten the original issue.

How about going back to the original question: Has the EU, or any of the member states said they are agreeable to UK cancelling the Article 50 notice?
If so, where is that comment? I have never seen anything like it.

. the EU have already said they would be happy for the UK to change their mind subject to agreement with the 27 and most of those have already said they are ok with it. Article 50, is silent on cancellation rights... It only describes the process for rejoining at the end of the period.

Has the EU agreed that? Have the other member states agreed that?
I have not seen anything. Only different opinions of various legal representatives, but they all agreed, until it is tried no-one knows for sure.

 

[Notch7]

Has the EU, or any of the member states said they are agreeable to UK cancelling the Article 50 notice?
If so, where is that comment?

I thought the question was whether the could cancel article 50 unilaterally, not whether the 27 are agreeable.

https://www.independent.co.uk/news/...e-mps-eu-withdrawal-bill-latest-a8122626.html

https://www.newstatesman.com/politi...now-government-can-reverse-brexit-if-it-wants

Jean-Claude Piris, Legal Counsel to the Council in my Convention days, is clear that “even after triggering Article 50, and notifying the EU of its intention to leave, there is no legal obstacle to the UK changing its mind." Sir David Edward, UK Judge in the European Court of Justice when the Article was drafted, says the same

 

[IWalkLikeHimaMartian]

I thought the question was whether the could cancel article 50 unilaterally, not whether the 27 are agreeable.

https://www.independent.co.uk/news/...e-mps-eu-withdrawal-bill-latest-a8122626.html

https://www.newstatesman.com/politi...now-government-can-reverse-brexit-if-it-wants

Like I said, lots of opinions, but the only thing they agree on is no-one knows until it is tried.
But I suspect that a cancellation of a notice would have to follow the same process as a request to delay the withdrawal, which would need unanimous agreement of the EU Council and the member states. Therefore a unilateral cancellation would not be permissible.

And MB agrees, because apparently the EU, and a few of the member states have agreed to it although I have not seen sch agreement.