The Withdrawal Agreement, which was signed between the European Union (EU) and the United Kingdom (UK) in November 2019, is a legally binding document that outlines the terms of the UK`s departure from the bloc. The agreement has been the subject of much debate and scrutiny, with some questioning its legal status and whether or not it is enforceable. In this article, we will explore the legal basis for the Withdrawal Agreement and why it is indeed legally binding.
Firstly, it`s important to note that the Withdrawal Agreement is not a mere political declaration or a non-binding agreement. It is a legal document that has gone through extensive negotiations and has been ratified by both the UK Parliament and the European Parliament, making it legally binding under international law.
The agreement sets out the terms of the UK`s departure from the EU, including matters such as citizens` rights, the financial settlement, and the border between Northern Ireland and the Republic of Ireland. It also establishes a transition period through the end of 2020 during which time the UK will continue to abide by EU rules and regulations while negotiations take place on the future relationship between the two parties.
One of the key reasons why the Withdrawal Agreement is legally binding is that it is underpinned by the Vienna Convention on the Law of Treaties. This convention is a set of rules that govern the formation, interpretation, and termination of treaties between states. As the Withdrawal Agreement is a treaty between the EU and the UK, it falls within the scope of the Vienna Convention, and its provisions are legally binding.
Furthermore, the Withdrawal Agreement has been incorporated into UK law through the European Union (Withdrawal Agreement) Act 2020, which received Royal Assent on 23 January 2020. This means that the agreement is now part of UK law, and any breaches of its provisions by the UK government would be subject to legal action.
In conclusion, the Withdrawal Agreement is a legally binding document that lays out the terms of the UK`s departure from the EU. It has been through extensive negotiations, ratified by both the UK and European Parliaments, and is underpinned by the Vienna Convention on the Law of Treaties. As such, it is a legally enforceable agreement that governs the UK`s relationship with the EU going forward.
