He who pays the piper: shifting Scottish legal landscapes

Abstract

If Scotland votes 'Yes' to the question 'Should Scotland be an independent country?' how will its relationship change with the remainder of the UK? A 'yes' vote will have huge financial, political and legal implications. This article, written by Candace Guite, considers the current role of the UK Supreme Court in Scotland, the recent conflict (to which the title alludes) and it reflects on Scotland's potential international status. The UK Government has argued that it would be regarded as the continuator state and an independent Scotland would be a successor state, and so, in the event of a 'yes' vote Scotland would have to re-apply for entry to the European Union and the United Nations. However, there are arguments to support the alternative option, that Scotland could be regarded as a co-equal successor state with England, and thus would retain EU and UN membership.