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Ireland says it will hold UK to `binding' deal on post-Brexit border

David Davis: Deal was `more a statement of intent' than a `legally enforceable thing'

The Government has hit back at a British government suggestion that a deal reached on the post-Brexit Border was a "statement of intent" rather than "a legally enforceable thing".

The Government issued a statement on Sunday afternoon following the British comments, saying Ireland and the EU will hold the British government to the agreement made last week.

The Government statement pointed to article 46 of the agreement made on Friday, which states: "The commitments and principles . . are made and must be upheld in all circumstances, irrespective of the nature of any future agreement between the European Union and the United Kingdom. "

A Government source said that because it assumed that the British government would honour its word, it expected the commitments on the Border to be implemented.

The deal reached by European Union and British negotiating teams on Friday set out guarantees that there would be no "hard border" between the Republic and Northern Ireland when the UK leaves the EU in March 2019.

Ireland secured a commitment that there will be no hard border, even if the UK leaves the EU without a deal. A previous agreement had been reached on Monday guaranteeing "regulatory alignment" between the Republic of Ireland and Northern Ireland.

Technically the UK government may be correct. In the absence of an overall Brexit deal one could argue that "Nothing is agreed until everything is agreed, "although the Irish government is insisting that the agreement applies even in the absence of an overall Brexit agreement.

However at a more general level, Davis' claim can be said to apply to most Treaties.  Even the Good Friday Agreement, an international Treaty registered with the UN is only legally enforceable in extremis: Who would or could enforce it if the UK reneged on it?

Most international law and Treaties depend on all parties adhering to their commitments with little by way of direct enforceability. However if a state gets a name for reneging on agreements, who will agree further treaties with them in future? In practice, Ireland could probably rely on the EU27 to take retaliatory action if the UK blatantly broke a deal.

Index of Frank's Diaries

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Sun Dec 10th, 2017 at 09:43:55 PM EST
[ Parent ]
we aren't called "perfidious albion" because we keep our word

keep to the Fen Causeway
by Helen (lareinagal at yahoo dot co dot uk) on Sun Dec 10th, 2017 at 10:18:29 PM EST
[ Parent ]
Yes, I read this morning that "An Englishman's word used to be his bond" and thought exactly that.

Well, after the initial "what?!?", of course.

Earth provides enough to satisfy every man's need, but not every man's greed. Gandhi

by Cyrille (cyrillev domain yahoo.fr) on Mon Dec 11th, 2017 at 10:03:04 AM EST
[ Parent ]
This is a really great way to start the negotiations on Phase 2 - by indicating your agreement to anything isn't worth the paper it's written on.

Index of Frank's Diaries
by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Mon Dec 11th, 2017 at 11:12:36 AM EST
[ Parent ]
Davis has been rapidly paddling up the stream again this morning.

This morning, Mr Davis told LBC radio in London that the media had twisted his words. He said the UK intended to prevent a hard border after leaving the European Union whatever the outcome of Brexit talks.

"What I actually said yesterday in terms was we want to protect the peace process, want to protect Ireland from the impact of Brexit for them, and I said this was a statement of intent which was much more than just legally enforceable," Mr Davis said.

"Of course it's legally enforceable under the withdrawal agreement but even if that didn't happen for some reason, if something went wrong, we would still be seeking to provide a frictionless invisible border with Ireland."

I believe Varadakar has magnanimously welcomed his remarks this morning.

by Colman (colman at eurotrib.com) on Mon Dec 11th, 2017 at 11:25:16 AM EST
[ Parent ]
It's always a fallback isn't it? Get caught out repeating a stupid lie and they just go and claim they were misquoted.

David Davis is lazy and stupid and lacks even the poltician's saving grace of low cunning. Didn't do his homework over the brexit negotiations and so the UK were humiliated and ended up up having to concede even more than they imagined possible.

So now, to cover up their embarrassment, they're running around the colluding UK press telling everyone who'll listen what a fantastic deal they got and how it'll all work out in the end cos they're just gonna bullshit, lie and cheat. Just like they always do

keep to the Fen Causeway

by Helen (lareinagal at yahoo dot co dot uk) on Mon Dec 11th, 2017 at 01:58:18 PM EST
[ Parent ]
To be fair, under a cliff edge departure all bets are off. If the UK falls out of the EU with no deal at all then it's going to a 360 degree clusterfuck with entirely unpredictable consequences.
by Colman (colman at eurotrib.com) on Mon Dec 11th, 2017 at 10:26:06 AM EST
[ Parent ]
... then it's going to a 360 degree clusterfuck with entirely unpredictable consequences.

I'll go out on a limb and make a prediction.  The wealthy will make out fine and the rest of you can fight over the scraps.  All this ... and without my brother's Tarot cards!

They tried to assimilate me. They failed.

by THE Twank (yatta blah blah @ blah.com) on Mon Dec 11th, 2017 at 12:52:57 PM EST
[ Parent ]
I think that the rich being fine, and probably a lot richer, while the rest of us get competely screwed, is pretty much exactly what's going to be the result of any thing the tories touch.

keep to the Fen Causeway
by Helen (lareinagal at yahoo dot co dot uk) on Mon Dec 11th, 2017 at 01:42:11 PM EST
[ Parent ]
Hey, do you blame them?  Seriously. Look at the way WE treat chickens/cattle.  That's how the wealthy see us, except we're dangerous.

They tried to assimilate me. They failed.
by THE Twank (yatta blah blah @ blah.com) on Mon Dec 11th, 2017 at 09:44:19 PM EST
[ Parent ]

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