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While triggering Article 127 of the EEA may be formally required if the EU or a named member state wishes to leave, it appears to me that the UK is only a member by virtue of its EU membership. Why else would the Treaty so explicitly name the member states and territories which are party to the Treaty? And if the UK wishes to discontinue participation in one of the Four Freedoms, why would it wish to remain a member in any case?

Treaties don't generally explicitly name all the states and territories to which they don't apply, so the absence of a specific statement that the Treaty doesn't apply to every other state or territories doesn't imply that it does, or can.

Of course there is no reason why EEA members couldn't voluntarily continue to consider the UK a member post Brexit, but the Treaty certainly doesn't require that they must. Given the EU has consistently insisted that the Four Freedoms are indivisible, it is very unclear why they would wish to do so.

So in summary, it appears you are grasping at a straw no one has shown any interest in pursuing!

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by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Tue Nov 29th, 2016 at 09:32:23 PM EST

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