Date: 2018-09-16 03:00 pm (UTC)
calimac: (Default)
From: [personal profile] calimac
Since I had the impression that it was a violation, derived from everything I'd ever read on the topic, I did some research to resolve this contradiction. And found unanimous agreement that, while it doesn't technically violate the letter of the agreement, it's a complete and egregious violation of its spirit and to be avoided at all costs. Which is a lot stronger than anything you say. For instance here ("Any undermining of the operation of the CTA challenges a principal objective of the GFA, that the importance of the land border should be minimised") and here ("So yes, a hard Border would be, and be seen as, a total betrayal of the Good Friday Agreement") and here ("One key to the entire arrangement was the open border between Northern Ireland and the Republic of Ireland that the European Union guaranteed").

Date: 2018-09-16 03:39 pm (UTC)
From: [identity profile] edrith.co.uk
Whether something is a violation of the spirit is subjective - international law also usually goes on the letter, not the spirit, so the fact that it isn't a technical violation. And agreement on how much of a breach it is is far from unanimous. I've avoided hard Brexiteer sources (Carswell, Hannan, etc.) but this briefing for the European Parliament refers to no hard border being 'a desired feature' and this briefing for the UK Parliament is similar.
http://www.europarl.europa.eu/RegData/etudes/BRIE/2017/583116/IPOL_BRI%282017%29583116_EN.pdf

http://webcache.googleusercontent.com/search?q=cache:Gag0JHUGRnQJ:researchbriefings.files.parliament.uk/documents/CBP-8042/CBP-8042.pdf+&cd=12&hl=en&ct=clnk&gl=uk&client=firefox-b#8
(PS: How did you embed links in your text when replying?)

The key question is what is meant by a hard border. Putting up concrete walls and border guards would clearly do a lot of damage to peace; a system which had no checks for cars, but required lorries to cross on major crossings and checked 3% of them would be far less, and a bit of personal smuggling a la the old 'booze cruise' might well be a price worth paying. Ruling them all out equally under the phrasing 'no hard border' makes an eventual deal less likely which would be worse for everyone.

August 2025

S M T W T F S
      1 2
3 4 5 6 7 8 9
10 11 12 1314 15 16
17181920212223
24252627282930
31      

Most Popular Tags

Page Summary

Style Credit

Expand Cut Tags

No cut tags
Page generated Aug. 17th, 2025 09:39 am
Powered by Dreamwidth Studios