Re: UK Legal Position on the Northern Ireland Protocol
I've been reading a lot around the legal ins and outs of this proposed Bill and, after some little while have come to the following conclusions:
The UK is not breaking international law. The Vienna convention that all and sundry are saying covers treaties between states and countries rules on this point. The EU is neither a state as recognised by the United Nations nor is it an international organization.
The Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations is an extension of the Vienna Convention on the Law of Treaties which deals with treaties between States. It was developed by the International Law Commission and opened for signature on 21 March 1986.
Article 85 of the Convention states that this extension will enter into force once ratified by 35 States (international organizations may ratify, but their ratification does not count towards the number required for entry into force). As of February 2019, the treaty has been ratified by 32 states and 12 international organizations. As a result, the Convention is not yet in force.
As this extension is not in force, all attempts to take Boris to the ECJ or whatever is doomed to failure because the UK IS NOT breaking International law.
In addition to the above, and I'm sure Solly will totally disagree with me here, the Withdrawal Act has clause 38 allowing GB to deviate from the treaty if necessary. What the EU proposes for Norn Iron is in breach of the Good Friday Agreement. Canada, Australia and New Zealand have similar laws to alter treaties, because their Parliaments are sovereign.