The UK Leads the Way on Ukraine
Anyone who is a regular reader of this newsletter will know that I am often critical of the government. That isn’t necessarily an anti-Conservative or pro-Labour bias but more a symptom of political fact. A government that has been in power for this long tends to have run out of fresh policies and is instead acting to retain power.
Having said that, it is important to offer praise when it is due and that is the case when it comes to Ukraine.
International law is the only area of law where the politics takes precedence. In criminal law if a person steals from a shop then they will be convicted and the only political influence is the extent of the punishment. In contract law the courts will uphold an agreement between private parties with only a small number of statutory terms being implied.
In international law the parties are states and therefore much harder to bind to a strict legal system. If Russia wants to invade Ukraine then it will do so and any threat of legal action will not move the needle.
Instead the law and international norms have to be enforced in other ways.
Political pressure and economic sanctions are going to be the most effective way to stop Russia and it is here that the UK has led the way. Alongside the US, it is this country that has threatened the most crippling economic sanctions while Germany has mostly done nothing. The EU’s largest member is more worried about the Nord Stream 2 pipeline, that would transport natural gas directly from Russia into Europe (bypassing Ukraine,) than the threat of war and the sovereignty of Ukraine. It is at times like this when it is a shame that the UK has left the European Union because there is an opportunity for one of the major powers to lead the continent in a united front. Instead Germany prevaricates over its own energy security.
Germany has also refused to provide Ukraine with any weapons and even prohibited Estonia from sending weapons that were originally made in Germany. This is in sharp contrast to the UK/US who are keen to help the Ukrainian people defend themselves in the event of an invasion.
The UK has also begun withdrawing embassy staff in a move that not only protects British citizens but also sends a clear message to Russia that it knows it is preparing to invade.
At this point an invasion sometime in the coming months seems inevitable. The UK should continue to play a leading role in the response by upholding its promise of sanctions; encouraging other allies to present a united front; refusing to recognise a Kremlin puppet in Kyiv; and expanding the NATO alliance to offer protection to other independent countries in the region.
The UK may no longer be in the EU but that does not mean it cannot play a leading role when it comes to Europe’s affairs.
This week’s episode of the podcast concerns an immigration case of major constitutional import. We examine the Home Office’s attempt to nullify a court order without actually asking the court.
Episode link: http://uklawweekly.com/2021-uksc-46/
Make a difference today,
Marcus