Contents
Executive summary 5
Introduction 10
Scotland in the UK past, present, future 10
An informed debate 10
The Scotland analysis programme 11
Scotland's constitutional present and the legal implications of independence 12
The structure of this paper 12
Chapter 1: Scotland's constitution today 13
Summary 13
The establishment of devolution in Scotland 14
How Scotland is governed 15
The flexibility of devolution 16
How devolution delivers for Scotland through reserved powers 17
Reserved powers in action 19
How devolution delivers for Scotland through devolved powers 20
Devolved powers in action 21
A flexible and efficient system of government 22
Working together to serve Scotland's interests 23
Co-operating to keep the UK secure 25
Conclusion 26
Chapter 2: What independence would mean: law and practice 27
Summary 27
Scotland's choice 28
Legal issues 28
State formation in international law 29
The position of an independent Scottish state and the continuing UK in international law 30
The two exceptional cases of dissolution in recent history 32
Conclusions from international law 33
The negotiations process and its parameters 34
The process of dissolution in Czechoslovakia 37
Conclusion 39
Chapter 3: Implications of independence: legal and practical issues at home and abroad 40
Summary 40
Independence for Scotland the international dimension 42
Membership of international organisations 42
The UK's membership of international organisations 43
EU membership 44
The UK's membership of the EU 45
International treaties 47
Examples of different types of treaty 48
Domestic implications 49
The example of currency 50
The example of borders 51
Other practical issues 52
Machinery of government, laws and regulations 53
Conclusion 54
Conclusion 55
Annex A Opinion: Referendum on the Independence of Scotland - International Law Aspects 57
Contents 58
PartⅠ: Executive summary 60
PartⅡ: The purpose and structure of this advice 62
PartⅢ: Principles of state continuity and succession 64
PartⅣ: The status of Scotland and the remainder of the UK in international law 66
(1) The historical status of Scotland and the UK 66
(2) Possible outcomes of Scottish independence 70
PartⅤ: Scotland and the remainder of the UK in international organisations 85
(1) International organisations generally 85
(2) The Council of Europe and the European Convention on Human Rights 88
(3) The European Union 91
Glossary 102