The legal situation in respect of the EU and an independent Scotland is unclear, not least because the UK is not a signatory to the Vienna Convention on Succession of States in Respect of Treaties.

The lawyers' consensus seems to be that political, rather than purely legal, considerations will be decisive and Westminster will surely play the key role here. David Cameron, in the Edinburgh Agreement, bound the UK Government "to work together constructively in the light of the outcome, whatever it is, in the best interests of the people of Scotland and of the rest of the United Kingdom". A declaration that, given a Yes vote, his government would seek to join with the Scottish Government to recommend to the EU treating Scotland and England/Wales/Northern Ireland as joint successors with respect to EU treaties, as in Article 34.1(a) of the Vienna Convention, would be in the best interests of both parts; a refusal to do so a blatant violation of the agreement.

The idea that the EU would nonetheless seek to deprive Scots of their EU citizenship, something which did not happen to the citizens of the former Federal Republic of Germany, strikes me as sheer fantasy. Even if Brussels wishes to pander to the echoes of Franco's Spain emanating from Madrid, it can do so by pointing out that Spain could refuse to agree to joint succession with Catalonia in the event of the latter's independence, so no precedent is set.

I am confident most English people are not of Falangist mindset and would reject the idea that the UK Government should seek to intimidate the Scottish people into a No vote by threats of attempted evictions from international organisations, passport controls and custom duties. Their behaviour when the Irish Free State unilaterally declared itself a republic showed they have moved very far from the mindset prevalent at the time of the Union.

The Scottish Government should put Mr Cameron to the test: challenge him to say he would agree to joint succession on pain of revealing that he is stuck in the 18th-century rather than the 21st-century Europe of the Nordic Union, the EEA and the EU.

Alan Weir,

5 Dalveen Court,

Barrhead.

Your recent reports that comments from European Commission President Jose Manuel Barroso and Vice-President Viviane Reding suggest an independent Scotland would have to apply for membership of the EU are misleading ("European offer of legal ruling on independence is shunned by all", November 2). These remarks refer to the attitude of the EU towards a unilateral declaration of independence by Catalonia and have no bearing on a Yes vote for Scottish independence.

Madrid is very hostile to the very idea of Catalonia holding a referendum which it has said is illegal and will not recognise the result. This is a very different situation from Scotland which has an agreed referendum, the result of which both the Westminster Government and the Scottish Government have agreed to respect.

It seems to me that is the reason the Scottish Government did not seek legal advice until after the Edinburgh Agreement and proves Alex Salmond and his Yes team have a more strategic vision than the No campaigners.

Fraser Grant,

Warrender Park Road,

Edinburgh.

In his observations on the UK and EU membership (Letters, November 2), Bill Brown misses the point completely. Scotland, as an independent nation, will be able to leave the EU, should it decide to do so, and not be dragged in or out on the coat-tails of a UK Parliament which seldom reflects the true wishes of the Scottish electorate.

John Hannah,

39 Dunglass Avenue,

Glasgow.

Iain Macwhirter opens a very interesting line of thought which only underlines the old adage that nothing stands still in politics ("Never mind Scotland, will there be a UK in Europe?" The Herald, November1).

Irrespective of the current EU budget row, the growing rebellion in the Conservative Party, as its members (in England) look over their shoulder at the electoral growth of UKIP, is increasing the possibility of the UK Government holding a referendum in order to reaffirm UK membership of the EU.

Such a referendum could create a very interesting situation were the UK vote to be in favour of leaving the EU, but the votes within Scotland, Wales and Northern Ireland were to retain membership. Such a result would mean the UK would leave Europe with the consequential border posts between Northern Ireland and Ireland.

Alan McKinney,

10 Beauchamp Road,

Edinburgh.

The UK Government will not ask the EU for its opinion on Scotland's entry into the EU until and unless there is a Yes vote in the referendum. This is despite the EU signalling that, following the Edinburgh Agreement, it is willing to do so. Unfortunately the rules allow only the government of an existing member state to ask the question and this therefore precludes the Scottish Government from taking the initiative.

It's a case of "if you know you won't like the answer, don't ask the question". The people of Scotland will draw their own conclusion.

Alasdair MacKenzie,

19 Kirkfield View,

Livingston.