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Entries for October 2012

Neil Walker: Beyond the Black and White of Legal Advice

The advice of the Scottish Law Officers may have become highly conspicuous by its absence in recent days, but over the years other prominent figures, including some excellent legal minds, have  offered their considered opinion on the implications of Scottish independence for EU membership.



Barry K Winetrobe: Scots Degrees of Separation

The crucial question over the next two years is a superficially simple one: “What does ‘Scotland as an independent country’ mean”?



Aileen McHarg: The Referendum: Memorandum of Agreement and Draft Section 30 Order

Yesterday, David Cameron and Alex Salmond signed an historic Memorandum of Agreement on a Referendum on Independence for Scotland (MoA), which includes the text of a draft Order under section 30 of the Scotland Act 1998 to confer express powers on the Scottish Parliament to enact legislation authorising such a referendum.



Malcolm Combe: Scottish Independence/Separation: Constitutional Wrangling Meets International Law Oversight

Typical. You wait ages for one regional parliament to call for a referendum, then two come along at once. Scotland’s own path towards a referendum can now be compared to Catalonia’s call for an independence plebiscite. Self determination must be contagious, but the international law doctrine of self-determination is an angle that has been overlooked at times in the independence debate.