Belfast Agreement Full Text

1.36 This is why the Belfast Agreement is the most appropriate familiar name for the legal text. The BIA was published in two originals in Belfast on 10 29 (the political parties did not sign anything; the Prime Minister and Secretary of State and the Taoiseach and the Irish Foreign Minister, on behalf of their governments, signed on pergament.30) It is customary to use the place of acceptance or signature of an international agreement for his name, for example , the 1990 European Community Convention on Refugees (although confusion can sometimes be caused by names). The agreement was for Northern Ireland to be part of the United Kingdom and remain in place until a majority of the population of Northern Ireland and the Republic of Ireland wished otherwise. If this happens, the British and Irish governments will be “obliged” to implement this decision. In 2004, negotiations were held between the two governments, the DUP, and Sinn Féin, for an agreement to restore the institutions. The talks failed, but a document published by governments detailing the changes to the Belfast agreement was known as the “comprehensive agreement.” However, on 26 September 2005, it was announced that the Provisional Republican Army of Ireland had completely closed its arsenal of weapons and had “taken it out of service”. Nevertheless, many trade unionists, especially the DUP, remained skeptical. Among the loyalist paramilitaries, only the Loyalist Volunteer Force (LVF) had decommissioned all weapons. [21] Further negotiations took place in October 2006 and resulted in the St Andrews Agreement. As part of the agreement, the British Parliament repealed the Government of Ireland Act 1920 (which had founded Northern Ireland, divided Ireland and asserted territorial right to the whole of Ireland) and the people of the Republic of Ireland amended Articles 2 and 3 of the Irish Constitution, which asserted a territorial right to Northern Ireland.

1.25 There are two ways of looking at the Belfast Agreement. One, printed, pages 1-26, followed by pages 27-30. The MPA was adopted by seven of the eight political parties at the last plenary session on 10 April 1998. But did the two governments also make the same agreement? And were the political parties involved in the BIA following the last-minute CEW annexation? The answers are yes or no. It is not known why the Irish government waited eleven months to bring the Good Friday agreement before the law, as requested by Article 29 of the Constitution. This could have been part of the plan to legitimize the MPA and avoid admitting that there was only one legal agreement with two parties. Dublin was perhaps waiting for a political agreement on the implementing bodies (the largest treaty of 8 March 1999). It is more likely that the Irish Government committed a legal error on 21 (and 22 April 1998) regarding the agreement reached during the multi-party negotiations. This suspicion is reinforced by the argument that, at this stage, no one in Dublin was considering other contracts45, so there was no common possibility of legally approving the Belfast Agreement in accordance with the Constitution.

1.28 But what is the MPA, known as the agreement? At best, this is a political or moral agreement between political parties (or at least those that agreed on 10 April 1998). Both States are legal parties, but only by Schedule 1, and only by the obligation in which the content of the MPA contains obligations that are binding on States Parties after entry into force in international law (as stipulated in Article 2 of the BIA).25 In fact, the MPA is referred to as a comprehensive political agreement in paragraph 2 of the constitutional issues.