Has the EU acted in good faith? It is possible to think (as I do) that EU has at times in Brexit negotiations been unreasonable, inflexible & dogmatic, as well unduly favoured its own interpretation of vague parts of the WA, but yet that it is still acting in good faith...(1/3)

This is because good faith as set out in the WA is a legal concept. The bar to breaching this is quite high - the EU simply has to consider proposals not accept them. As then AG Cox set out in his legal advice on the protocol at the end of 2018 (2/3) https://www.gov.uk/government/publications/exiting-the-eu-publication-of-legal-advice

This was a key reason why the previous NI backstop was seen as indefinite. If the perfectly foreseeable scenario we have now of the EU not just agreeing to the UK's proposals constituted a breach of good faith, there would have been an easy way out of the NI backstop (3/3)