Brexit and the Good Friday Agreement


The border is a sensitive issue due to the history of Northern Ireland and the agreements reached to bring peace, including the removal of visible signs from the border. As part of the agreement, the British Parliament repealed the Government of Ireland Act 1920 (which had established Northern Ireland, divided Ireland and claimed a territorial claim over all of Ireland) and the people of the Republic of Ireland amended Articles 2 and 3 of the Constitution of Ireland, which affirmed a territorial claim over Northern Ireland. 14 As a common and reciprocal redefinition of the sovereignties of the British and Irish States in Northern Ireland, the GFA was therefore a surprisingly incomplete and incomplete constitutional process. The withdrawal of the United Kingdom and its mystery on the Irish border show that the 1998 agreement did not go far enough to provide for an explicit, indisputable and constitutionally binding (re)definition of the Dublin and London obligations as sovereign guarantor states of the agreement. May`s Conservative and Unionist Party is counting on the DUP`s support to stay in power, but the DUP has never backed the Good Friday deal. In fact, it was the only party to refuse to support the agreement in 1998. He spent most of his time rewriting or undermining the deal. During negotiations on the UK`s planned withdrawal from the European Union in 2019, the EU produced a position paper on its concerns about the UK`s support for the Good Friday Agreement during Brexit. The position paper covers issues such as the avoidance of a hard border, North-South cooperation between the Republic of Ireland and Northern Ireland, the birthright of all northern Irish residents (as defined in the agreement) and the common travel area.

[31] [32] Anyone born in Northern Ireland and therefore entitled to an Irish passport under the Good Friday Agreement can retain EU citizenship even after Brexit. [33] Under the European Union`s Brexit negotiating directives, the UK was asked to convince other EU members that these issues had been raised in order to enter the second phase of Brexit negotiations. Eventually leaving the EU, the border between Northern Ireland and the Republic of Ireland will require a border device to check visitors` passports, track the origin and quality of goods and collect appropriate taxes or duties. The US could accept any Brexit deal between Britain and the EU, with the exception of a no-deal. In an ideal world, the U.S. government would have facilitated dialogue between the parties as it has done in the past; For example, it could have helped negotiate an acceptable variant of a backstop only for Northern Ireland or supported efforts to restore devolved government. At this point, government interventions that defend a party for its own benefit are seen as disruptive rather than helpful. But at the very least, he should refrain from advocating a catastrophic no-deal Brexit, which the UK government`s own contingency plans33 show would have significant negative consequences – including for America`s longstanding interest in a peaceful and prosperous Northern Ireland. .