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The Withdrawal Agreement, Protocol on Ireland/Northern Ireland

This chapter explores the Protocol on Ireland/Northern Ireland, which sets out detailed arrangements to address the unique challenges arising on the island of Ireland as a result of the United Kingdom’s withdrawal from the European Union. The challenges posed for the island of Ireland by the UK’s decision to withdraw from the EU are grounded in the geography and history of Ireland and the UK. In substance, the Protocol sets out detailed arrangements addressing rights of individuals in Northern Ireland; the Common Travel Area; matters related to customs and the movement of goods; the protection of the United Kingdom’s internal market; VAT and excise; the single electricity market; State aid; North –South cooperation; implementation, application, supervision, and enforcement; common and institutional provisions; as well as consent to the continued application of certain parts of the Protocol. The drafting of the Protocol often does not allow the reader of a given provision to understand immediately the precise legal effect of that provision. Rather, a detailed analysis of each provision within the context of the Protocol as well as the wider Withdrawal Agreement as a whole is required.