Friday 29 May 2020

Global Conversations with Dr Jorge: Vlog Series - Pilot

An open-to-all-chat with Dr Jorge.

Thinking globally, acting locally.

Turning enemies into neutrals and neutrals into partners.

Every Friday at 5pm (BST) starting on 5th June 2020 on YouTube and Facebook Live.

LINKS for live streaming:

FACEBOOK:

https://www.facebook.com/DrJorge.World/live/

YOUTUBE:

https://www.youtube.com/drjorge

Dr Jorge E. Núñez

http://drjorge.world/

Territorial disputes: Northern Ireland (Part 25) [Post 110]

Northern Ireland and the egalitarian shared sovereignty

Different from other territorial disputes in this blog series, with Northern Ireland we followed a different path.

The first 20 posts (posts 86-105) had to do with European Union law (free movement of persons, European citizenship, free movement of goods, capital and services).

The last four posts (posts 106-109) introduced very briefly the background situation in Northern Ireland.

Northern Ireland and territory: the egalitarian shared sovereignty

Territory, in principle, can be defined as an area owned and possessed by the population (in land, water, space and, perhaps, cyberspace).

Like population, it may have features that could cause controversy in TERRITORIAL DISPUTES.

Some of the features that constitute territory will be reviewed using the case of Northern Ireland in light of Brexit. Those that introduce controversy will be analyzed using the model proposed here. Next time we center the attention on borders, natural resources and defense.

Let us remember the way in why this series propose to deal with TERRITORIAL DISPUTES via the egalitarian shared sovereignty.

The allocation of sovereignty will be given by:

equal right to participate (egalitarian consensus principle);
the nature and degree of participation depends on efficiency of accomplishing the particular objective/area/activity at issue (principle of efficiency);
each party receives a benefit (in terms of rights and opportunities) that depends on what that party cooperates with (input-to-output ratio principle); and
provided the party with greater ability and therefore greater initial participation rights has the obligation to bring the other two parties towards equilibrium (equilibrium proviso).

I call this way of dealing with sovereignty conflicts or disputes the EGALITARIAN SHARED SOVEREIGNTY.

Many questions are to be expected. Amongst them:

How is that translated into geographical borders between Northern Ireland and the Republic of Ireland after Brexit?
What about the exploration and exploitation of natural resources? This question has two parts:

the sea-zone adjacent to Northern Ireland only; and
the portion that overlaps with the Republic of Ireland.

Finally, in the hypothetical scenario that Northern Ireland had a referendum and decided to leave the United Kingdom, who would defend them?

The next posts on this blog series about TERRITORIAL DISPUTES will cover these questions. In order to answer them, the posts will explore the concept of self-determination in the event Northern Ireland decided to have a referendum in the future.

NOTE:

This post is based on Jorge Emilio Núñez, Territorial Disputes and State Sovereignty. International Law and Politics (Routledge 2020).

Previous published research monograph about territorial disputes and sovereignty by the author, Jorge Emilio Núñez, Sovereignty Conflicts and International Law and Politics: A Distributive Justice Issue London and New York: Routledge, Taylor and Francis Group, 2017.

Northern Ireland and self-determination

Friday 29th May 2020

Dr Jorge Emilio Núñez

Twitter: @DrJorge_World

https://drjorge.world

Thursday 28 May 2020

Territorial disputes: Northern Ireland (Part 24) [Post 109]

Northern Ireland and Brexit on the news

Territorial disputes and sovereignty issues like the one with Northern Ireland, the United Kingdom and the European Union are not rare. True, in light of Brexit, this situation is more than even on the news. However, there are many cases around the world in which several international agents argue about sovereign rights for different reasons over the same piece of land. Despite their many differences, they all have a particular feature: their solution seems to require a mutually exclusive relation amongst the agents because the sovereignty can be for only one of them.

Indeed, sovereignty seems to be an absolute concept (that is to say, exclusive, and not shareable). Therefore, the United Kingdom (hence, Northern Ireland) are in or out the European Union.

Post 7: Territorial disputes: sovereignty

Post 8: Territorial disputes: sovereignty (cont.)

As it stands, the situation in Northern Ireland is a clear example of a zero-sum game, with many negative outcomes of different sorts. The effect of Brexit remains unknown. Yet, it is evident there are many issues at stake domestically and internationally.

Post 9: Territorial disputes: issues at stake

Only to have a glimpse, today’s post includes below a sample of articles from the media covering the case of Northern Ireland. It is evident the information is contradictory and any outcome divides the population’s views about the hard/soft border. Moreover, the last article includes a reference to a point often overlooked and has to do with natural resources.

Although Northern Ireland is not a territorial issue, it has been and is object of study of many sciences—law, political sciences, international relations, only to name a few—these sciences do not share their developments and both different approaches and different languages were applied. Indeed, although multi and inter-disciplinary studies are promoted in speeches everywhere, it is more a nominal aim rather than an actual reality.

I realized that the answer was very simple. Some problems are never solved because most look for more problems, problems within a problem, or just simply give up or are so self-centered they think that problem will not affect them and hence, why would they even think about it. Ergo, the answer came to me: some problems like Northern Ireland evade a solution because people (or their representatives) do not look for answers.

BBC

Theresa May says EU must 'evolve' its Brexit position

“The UK and EU have agreed that there should be no hard border in Ireland, but are at odds over how to achieve it.”

“The EU has proposed a backstop that would mean Northern Ireland staying in the EU customs union, large parts of the single market and the EU VAT system.”

“However, the UK said that would effectively create a border down the Irish Sea.”

“On Friday, Mrs May again repeated her opposition to that, saying: "The economic and constitutional dislocation of a formal 'third country' customs border within our own country is something I will never accept and believe no British prime minister could ever accept".

Link to the complete article

Belfast Telegraph

Ireland 'will have hardest border in Europe if there's a no deal Brexit'

“In a blunt warning detailing the catastrophe that lies ahead if a 'no deal' Brexit materialises, Joachim Pfeiffer painted a dire picture of the outcome.”

“Mr Pfeiffer said Ireland would "have a border like we have a border with Ukraine or Belarus" as there would no longer be treaties in place with the UK that would ensure the rules and standards of the EU would be respected.”

Link to the complete article

Sky News

Northern Ireland 'unsupportive' of 'no deal' Brexit, study shows

“Unionists and nationalists continue to disagree over the location of any physical border after Brexit - unionists opposing an East-West one in the Irish Sea, nationalists opposing a North-South land boundary.”

“But the university researchers who have collated this data believe it has revealed a "point of convergence" on the Irish border issue in operational terms.”

“Their key finding is that unionists and nationalists would both prefer the least intrusive border possible and that there is an arrangement that could command support across the two communities.”

Link to the complete article

Financial Times

Hard Brexit: the eye-catching contingency plans to stop NI power blackouts

“The situation could come about because Northern Ireland has shared a single energy market with the Irish republic for over a decade, in one of the consequences of the Good Friday Agreement of 1998. Northern Ireland relies on imports from south of the border because it does not have enough generating capacity itself.”

“Britain is hoping to negotiate a deal to allow that single electricity market on the island of Ireland to continue after Brexit.”

“But in the event of a totally disruptive rupture with the bloc Whitehall officials fear that power providers in the republic could end the provision of electricity because the UK would no longer be part of the European electricity market.”

Link to the complete article

NOTE:

This post is based on Jorge Emilio Núñez, Territorial Disputes and State Sovereignty. International Law and Politics (Routledge 2020).

Northern Ireland and the egalitarian shared sovereignty

Thursday 28th May 2020

Dr Jorge Emilio Núñez

Twitter: @DrJorge_World

https://drjorge.world

Wednesday 27 May 2020

Territorial disputes: Northern Ireland (Part 23) [Post 108]

What do people in Northern Ireland want?

Northern Ireland, in light of Brexit, presents many issues at stake. Arguably, Northern Ireland might still have the choice to have access to the European Union. The previous posts presented brief background information and a few views that included references to law and politics, the European Union, and many others.

Post 106: Territorial disputes: Northern Ireland (Part 21)

Post 107: Territorial disputes: Northern Ireland (Part 22)

Today’s post centers the attention on one of these parties: people. What do people in Northern Ireland want? Several documents give us an idea of what they want.

In the 2016 EU referendum, 58% of voters in Northern Ireland voted for Remain. This result, and the continuing uncertainty over the impact of Brexit on the Irish border, has led to calls for a border poll to allow the whole island of Ireland to remain in the EU.

Who is calling for a border poll to take place?

In 2018, Sinn Féin’s leader in Northern Ireland, Michelle O’Neill, called for this to happen within five years. The nationalist Social and Democratic Labour Party (SDLP) support a referendum on Irish reunification after the Brexit negotiations.

The Irish Government has also taken the position that the time is not right for a border poll. In July 2017, Irish Taoiseach Leo Varadkar stated that a vote on Irish reunification at this point would be defeated, and therefore "it would not achieve a united Ireland, but what it would do is give rise to further nationalist, further sectarianism and further polarisation."

Irish reunification Published on The Institute for Government

Link to the document

Link to the document 2

A very recent poll by LucidTalk Opinion Panel (now 10,482 members) consists of Northern Ireland residents (age 18+) and is balanced by gender, age-group, area of residence, and community background, in order to be demographically representative of Northern Ireland.

This is the report from LTs May NI Poll for YouGov and the BBC – Main topics covered: Identity, local influence over decisions, preference for future NI government, NI Border poll – should there be one, and what way would you vote if there was one, and decision making in Northern Ireland.

The complete poll (link) below. Some interesting results to note:

From all respondents, 56.7% consider themselves European while 46.7% consider themselves British. These figures are more polarized when we distinguish between protestant and catholic respondents:
For Protestant respondents, 30.9% consider themselves European while 82.9% British.
For Catholic respondents, 82.4% consider themselves European while 3.9% British.

From all respondents, 62.4% strongly disagree politicians in Westminster reflect their concerns.

In terms of what areas, the UK Government should make decisions about, there is a large difference with this question between Protestant and Catholic respondents. Protestant respondents score all factors much higher than Catholics.

Question 16 is central to this blog series, Northern Ireland in light of Brexit. “If there was a referendum on the border between Northern Ireland and the Republic of Ireland, would you vote?”

The figures for ALL RESPONDENTS are:

45% REMAIN (vote for NI to stay within the UK)
42.1% LEAVE (vote for NI to join the RoI)
12.7% UNDECIDED
0.2% WOULD NOT VOTE

There is a large difference of opinion between Protestants and Catholics regarding this issue.

Protestant respondents: 78.5% would vote REMAIN; 8.5% would vote LEAVE.
Catholic respondents: 7.2% would vote REMAIN; 84.3% would vote LEAVE.

May 2018 – Northern Ireland Tracker Poll

Link to the document

NOTE:

This post is based on Jorge Emilio Núñez, Territorial Disputes and State Sovereignty. International Law and Politics (Routledge 2020).

Northern Ireland and Brexit on the news

Wednesday 27th May 2020

Dr Jorge Emilio Núñez

Twitter: @DrJorge_World

https://drjorge.world

Tuesday 26 May 2020

Territorial disputes: Northern Ireland (Part 22) [Post 107]

Northern Ireland: official position and impact after Brexit

There are many academic and non-academic articles about Northern Ireland. Today’s post includes references to two documents that offer relevant views about Northern Ireland in light of Brexit.

The first document introduces HM Government’s position about the future on Northern Ireland and the relationship with the United Kingdom and thE European Union.

The second document includes the analysis of this situation by the European Union.

Northern Ireland and Ireland. Position Paper. HM Government

This paper outlines the United Kingdom’s (UK) position on how to address the unique circumstances of Northern Ireland and Ireland in light of the UK’s withdrawal from, and new partnership with, the European Union (EU).

Introduction

The United Kingdom welcomes the establishment of a dialogue on Northern Ireland/Ireland issues between the UK and the EU negotiating teams. The UK believes that this dialogue should be substantial and detailed, and seek to address the unique circumstances of Northern Ireland and Ireland in a comprehensive and flexible way. The UK and the EU had positive exploratory discussions in the July round of negotiations covering the UK’s proposals in relation to the Belfast (‘Good Friday’) Agreement and the Common Travel Area and associated rights.

The UK’s withdrawal from the EU, and the development of a new, deep and special partnership between the UK and the EU, has important implications for Northern Ireland and Ireland. While continuing to take account of these interests across the board, the UK believes that there are four broad areas where a specific focus on the unique relationship between the UK and Ireland, and the importance of the peace process in Northern Ireland, is required in the initial phases of the dialogue. This paper sets out the UK’s proposals for these areas as follows:

Section 1: upholding the Belfast (‘Good Friday’) Agreement in all its parts;

Section 2: maintaining the Common Travel Area and associated rights;

Section 3: avoiding a hard border for the movement of goods; and

Section 4: aiming to preserve North-South and East-West cooperation, including on energy.

An early and specific focus on these issues is consistent with the European Council’s negotiating guidelines and the European Commission’s directives, the Irish Government’s priorities paper, and the UK Government’s White Paper and Article 50. It is also in line with the issues “of particular significance” set out by the former First Minister and deputy First Minister of Northern Ireland in their joint letter of 10 August 2016 to the Prime Minister. The European Council’s negotiating guidelines are clear that “flexible and imaginative solutions” must be developed on border arrangements as an early priority in the negotiations.

There is significant overlap in the objectives set out by the UK Government, the Irish Government and the EU. In particular, it is clear that our high level objectives are wholly aligned with regards to: avoiding a hard border; maintaining the existing Common Travel Area and associated arrangements; and upholding the Belfast (‘Good Friday’) Agreement, including the principles of continued North-South and East-West cooperation. The UK therefore welcomes the opportunity to discuss how best to deliver these shared objectives.

The UK believes that swift progress should be made in agreeing the way forward on the Common Travel Area and associated rights and some of the specific issues arising from the Belfast (‘Good Friday’) Agreement by October. The UK also believes it is possible in this phase to establish working principles for the movement of goods, energy and wider cross-border cooperation that will underpin the development of technical solutions as part of the negotiations on the future relationship between the UK and the EU. Given the complete alignment between the UK, Ireland and the EU on high level objectives for these crucial issues, and our strong support for the peace process in Northern Ireland, these solutions should be agreed at the earliest opportunity. To facilitate progress, the UK proposes to discuss in forthcoming negotiating rounds the high level principles and criteria that could be agreed and used to test potential future models for border arrangements.

Northern Ireland and Ireland. Position Paper. HM Government

Link to the complete document

The Impact and Consequences of Brexit for Northern Ireland

KEY FINDINGS

Northern Ireland is the part of the UK most distinctly affected by Brexit. The introduction of a ‘hard border’ with the Republic of Ireland is a particular concern, with customs controls probable and immigration checks possible. Free movement across the island of Ireland remains a desired feature of a strong bilateral relationship which strengthened amid common EU membership and the Northern Ireland peace process.

Northern Ireland has no autonomy over Brexit. As such, Northern Ireland’s 2016 referendum vote to remain within the EU is, in constitutional terms, of no significance. The UK Supreme Court has stated categorically that the consent of the Northern Ireland Assembly is not required for the UK government to withdraw from the EU.

The UK’s relationship with the EU (and its termination) is an excepted power, retained by the UK government. No powers have been devolved to the Northern Ireland Assembly in this respect. The 1998 Northern Ireland Act gives the Assembly the right to pass laws but only in devolved policy areas and does not affect the power of the UK Parliament to make laws for Northern Ireland.

The Northern Ireland Assembly will be able to determine what EU legislation should be retained where it affects Northern Ireland in policy areas over which the Assembly holds devolved powers.

Brexit will require deletion of references to the EU within the 1998 Good Friday Agreement, Northern Ireland’s peace deal. The all-island aspects of the Agreement most embed the EU and provide institutional mechanisms for the continued financing of the peace process by the EU. Given the status of the Good Friday Agreement as an international treaty and its endorsement in referendums in Northern Ireland and the Republic of Ireland, a reworking could be challenged but there seems no legal room for such a challenge. The UK and Irish governments appear to desire some form of special status – without using that term - for Northern Ireland, given the potential adverse economic effects in both jurisdictions and the political sensitivities accruing to any hardening of the border dividing the island.

The political sensitivities of Brexit are considerable. Most nationalists voted to remain within the EU. They see themselves as Irish citizens, i.e. members of the EU, and wish to retain that status. A minimum demand is special status for Northern Ireland. A majority (but a far from overwhelming one) of unionists voted to leave. Whilst the risks to the current relative peace are minimal, the extent of continuing inter-communal polarity provides a strong case for special treatment for Northern Ireland.

A bilateral bespoke deal between the UK and Irish governments to maintain the Customs Union between the two states – which would continue to render invisible Northern Ireland’s frontier with the Irish Republic - would require EU approval. The UK government has listed tariff-free trade across borders, via a special agreement with the EU, as a priority. Failure to conclude such a deal will impact significantly upon Northern Ireland as a site of tariff checks.

The UK government has listed the maintenance of a Common Travel Area (CTA) between the UK and Ireland as one of its negotiating priorities. Its abolition would have significant potential impact upon travel across the border.

The Impact and Consequences of Brexit for Northern Ireland

Link to the complete document

NOTE:

This post is based on Jorge Emilio Núñez, Territorial Disputes and State Sovereignty. International Law and Politics (Routledge 2020).

NEXT POST:

What do people in Northern Ireland want?

Tuesday 26th May 2020

Dr Jorge Emilio Núñez

Twitter: @DrJorge_World

https://drjorge.world

Monday 25 May 2020

Territorial disputes: Northern Ireland (Part 21) [Post 106]

Northern Ireland: When and Where it all Started

In the case of Northern Ireland, the first posts (Posts 86-105) differed from previous analyses presented by this blog series TERRITORIAL DISPUTES.

This time the series introduced the relationship between national law and international law. From there, and in light of Brexit, the relationship between the law in the United Kingdom and the European Union.

The following posts will cover different views from people at large, politicians and academics in several disciplines such as law, political science, and international relations. We finish this post by including a very succinct background account, a couple of questions to the reader and sources. Today’s blog presents a brief historical account to provide a contextual reference.

Key Dates in Northern Ireland History

What are the roots of the conflict in Northern Ireland? And when did they start? The list of key dates in the history of Northern Ireland below:

1170 Settlers from Britain arrive in Ireland
1608 Plantation of Ulster began
1641 The Catholic-Gaelic rising in response to the Plantation and the confiscation of land by Protestant settlers from England and Scotland
1690 The Battle of the Boyne and the victory of Protestant William III over Catholic James II - this victory is still celebrated in many parades in Northern Ireland
1801 Act of Union which abolished the Irish Parliament and bound Ireland and Britain together as parts of the United Kingdom
1912 Ulster Solemn League and Covenant signed by over 400, 000 Protestants who wanted to remain in the Union
1916 The Easter Rising in Dublin against British rule
1921 A treaty leading to the establishment of an Irish Free State of 26 counties, with the 6 counties of Northern Ireland remaining British
1968 The starting point of the present ‘Troubles’ arising, in part, out of the campaign by Catholics in Northern Ireland for civil rights
1998 The Belfast Agreement (sometimes called the Good Friday Agreement)
1999 The setting up of a power-sharing Assembly in Northern Ireland
2002 Devolution is suspended as power-sharing unravels over IRA allegations
2007 Devolution is restored to Northern Ireland

Source:

The Northern Ireland Troubles: INCORE background paper (2009)

Link to the complete article

The Creation of Northern Ireland

The Protestant north, fearing becoming a minority in an independent Irish Catholic state, was preparing to resist Home Rule since the 1880s.

In 1921 Unionism succeeded in excluding six of the nine counties of Ulster from Home Rule arrangements. The new Northern Ireland six county administration was the largest area that could comfortably be held with a pro-Union majority.

It was given its own government with devolved powers but the British Government retained ultimate authority.

This had not been a first preference for Unionists in Northern Ireland many of whom saw it as a compromise diluting their position within the Union. Many Nationalists, however, felt isolated and vulnerable within this new Protestant majority state.

The Creation of The Irish Free State

A year later a twenty-six county Irish Free State came into being. The longstanding division between Catholic and Protestant communities had now taken constitutional form. Northern Ireland and the Irish Free State created a new conjunction of majority community with political power. Politics in Northern Ireland under the devolved administration would continue to be dominated by the constitutional question.

Source:

Understanding The Northern Ireland Conflict: A Summary And Overview Of The Conflict And Its Origins

Link to the complete article

To the reader, following two of our previous posts of this series about TERRITORIAL DISPUTES:

What are the issues at stakes in this a territorial dispute?
Which remedy could be used to solve this particular territorial dispute?

For reference to these questions see:

POST 9: Territorial disputes: issues at stake

POST 10: Territorial disputes: remedies

NOTE:

This post is based on Jorge Emilio Núñez, Territorial Disputes and State Sovereignty. International Law and Politics (Routledge 2020).

NEXT POST:

Northern Ireland: official position and impact after Brexit

Monday 25th May 2020

Dr Jorge Emilio Núñez

Twitter: @DrJorge_World

https://drjorge.world