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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask if there are any international public law experts here

3 replies

Deadbudgie · 22/01/2019 20:40

No matter which side of the argument you’re on, the Irish border is a major sticking point for the withdrawal from the EI by the UK. The EU has come out and said today in a no deal scenario a hard border is inevitable, but both the Irish government and DUP have said there will never be a hard border on the island of Ireland.

The good Friday agreement says the same. What happens if the uk and Eire don’t implement a hard border in a no deal scenario. If the EU demand one are they basically demanding the contravention of an international peace treaty? Who has the right to set Ireland’s borders?

Realise there are heated political views on this but I want to understand the legal position of the above (I can guess the commercial consequences). Are there any international public lawyers around who could shed some light on this?

OP posts:
LivLemler · 22/01/2019 20:58

I can't help, but interested to see any answers. Athough I suspect the answer isn't actually known yet and won't be discovered on MN. My understanding is that under international laws, in the event of No Deal, both the UK and Ireland would have to secure the border. Which isn't an option under the GFA. What wins... Who knows. I suspect there would be protracted legal cases, but I know nothing...

(On another note - there's no need to say Eire, just say Ireland, or Republic of Ireland if you feel the need to distinguish from NI. It's a bit like saying Deutschland when speaking English, with some unpleasant added history. Irish people would never say it when speaking English.)

Deadbudgie · 22/01/2019 21:25

But Eire is easier to type lol. Doesn’t look like there’s much response, but just interested as not seen anyone address this possibility

OP posts:
QwertyLou · 23/01/2019 01:08

Interesting question. However, I’m not sure that even someone who practices in international public law could give a meaningful answer at this stage. Some legal journals have an online presence - may be worth looking there also.

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