Last night the UK Prime Minister, Theresa May, and the President of the EU Commission, Jean-Clade Juncker, told a press conference that they had reached what thy call a legally binding agreement to solve the Irish Border Backstop issue.
PLEASE SUPP…
Last night the UK Prime Minister, Theresa May, and the President of the EU Commission, Jean-Clade Juncker, told a press conference that they had reached what thy call a legally binding agreement to solve the Irish Border Backstop issue.
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The title of the document in question is long, but it calls itself an 'instrument relating' to the Withdrawal Agreement.
But the first thing I noted in the press conference video was the stony faced Mrs May. She did not look like a national leader that had reached a significant breakthrough, no smiles and chit-chat, she was not a happy bunny at all.
Now, although I am not a qualified lawyer, one of the things that concerns me is the reference in the document to Article 31 of the Vienna Convention on Treaties.
What it says is that this instrument therefore "...constitutes a document of reference that will have to be made use of if any issue arises in the implementation of the Withdrawal Agreement. To this effect, it has legal force and a binding character."
First question, how much real "legal force" does it have and what is the difference between legally binding and a "binding character"?
The second question I have, is how much weight does this have when, as I understand it, the EU itself is not a signatory to that convention?
The third question I have is, does this mean that the Withdrawal Agreement is actually a Treaty between 28 separate states, or is it an agreement between the UK as a nation state and the EU as an international organisation?
If it is a treaty between 28 states, how difficult will it be too a..
