Ben Lowry: International agreements should be observed but sometimes they are not kept, as Ireland has shown

Last month Ursula von der Leyen, European Commission president, said on the web platform Twitter:
By Ben Lowry
Published 10th Oct 2020, 12:47 BST
Updated 10th Oct 2020, 13:14 BST
Ursula von der Leyen, president of the European Commission (seen with EU Brexit negotiator Michel Barnier) says of the UK internal market bill "Pacta sunt servanda" (deals must be kept). That very phrase has been used about Ireland breaking a treaty with Britain as it became a republicUrsula von der Leyen, president of the European Commission (seen with EU Brexit negotiator Michel Barnier) says of the UK internal market bill "Pacta sunt servanda" (deals must be kept). That very phrase has been used about Ireland breaking a treaty with Britain as it became a republic
Ursula von der Leyen, president of the European Commission (seen with EU Brexit negotiator Michel Barnier) says of the UK internal market bill "Pacta sunt servanda" (deals must be kept). That very phrase has been used about Ireland breaking a treaty with Britain as it became a republic

‘Very concerned about announcements from the British government on its intentions to breach the Withdrawal Agreement. This would break international law and undermines trust. Pacta sunt servanda = the foundation of prosperous future relations.’

Pacta sunt servanda means, literally, pacts are to be saved (in other words, agreements are to be kept)

Hide Ad
Hide Ad

Her tweet got 22,000 likes. That it met with particular approval in Ireland is no surprise because we have seen four years of the Dublin establishment, and its media and academic cheerleaders, sneering at British arrogance and delusions and incompetence. Ireland, by implication (and in some cases this is stated explicitly), is a rational, internationalist nation, which abides by rules.

In 1969 a secret Irish foreign affairs memo examined the legality of Eamon De Valera’s 1937 constitution, which revoked Ireland’s 1925 acceptance of partition in the treaty after the Boundary Commission. If concluded that the basic principal of respect for treaties (pacta sunt sevanda) meant that they may not be unilaterally terminated in this wayIn 1969 a secret Irish foreign affairs memo examined the legality of Eamon De Valera’s 1937 constitution, which revoked Ireland’s 1925 acceptance of partition in the treaty after the Boundary Commission. If concluded that the basic principal of respect for treaties (pacta sunt sevanda) meant that they may not be unilaterally terminated in this way
In 1969 a secret Irish foreign affairs memo examined the legality of Eamon De Valera’s 1937 constitution, which revoked Ireland’s 1925 acceptance of partition in the treaty after the Boundary Commission. If concluded that the basic principal of respect for treaties (pacta sunt sevanda) meant that they may not be unilaterally terminated in this way

The use of ‘pacta sunt servanda’ is telling given that the UK set out its internal market plan in the Stormont deal, as outlined above (in the print edition, or link below online).

And that very phrase, pacta sunt servanda, is used in a 1996 article in the magazine History Ireland, ‘The Boundary Commission Debacle 1925, aftermath & implications’.

Dr Enda Staunton examines the legality of Eamon De Valera’s 1937 constitution, which revoked Ireland’s 1925 acceptance of partition in the treaty after the Boundary Commission.

Hide Ad
Hide Ad

Dr Staunton writes that a secret Irish foreign affairs memo in 1969 considered the claim that the 1925 deal did not survive the 1937 constitution and the 1948 Republic of Ireland Act.

Of the memo conclusions, he says: “The basic principal of respect for treaties (pacta sunt sevanda) means they may not be unilaterally terminated. International relations would be very haphazard and unstable if [governments terminated] their international commitments.”

The memo quoted a 1932 Court of International Justice ruling “that a state ‘could not cite its own constitution as evidence but had to reply on international laws and obligations’”. Ireland had “little basis on which to make [its dispute with Britain] it a legal one”.

Interesting that.

• Ben Lowry (@BenLowry2) is News Letter deputy editor

• Ben Lowry: Dublin could have urged EU to be flexible towards the UK, but hasn’t done so

——— ———

A message from the Editor:

Hide Ad
Hide Ad

Thank you for reading this story on our website. While I have your attention, I also have an important request to make of you.

With the coronavirus lockdown having a major impact on many of our advertisers — and consequently the revenue we receive — we are more reliant than ever on you taking out a digital subscription.

Subscribe to newsletter.co.uk and enjoy unlimited access to the best Northern Ireland and UK news and information online and on our app. With a digital subscription, you can read more than 5 articles, see fewer ads, enjoy faster load times, and get access to exclusive newsletters and content. Visit https://www.newsletter.co.uk/subscriptions now to sign up.

Our journalism costs money and we rely on advertising, print and digital revenues to help to support them. By supporting us, we are able to support you in providing trusted, fact-checked content for this website.

Alistair Bushe

Editor

Related topics:Ben LowryTwitterUrsula von der Leyen