Taking International Law Seriously? Interpretation of the 1998 Belfast/Good Friday Agreement in the Context of Article 2(1) of the Windsor Framework.

Abstract

This article analyses the approach of the Northern Ireland courts to interpretation of the 1998 Belfast/Good Friday Agreement in the context of the 'no diminution of rights' obligation in article 2(1) of the Windsor Framework. It advances an alternative approach to the interpretation of the 1998 Agreement that is consistent with international law and provides a more robust basis for rights protection. The article sets out the sources of the rules of treaty interpretation in international law and their application in article 2(1) cases, and analyses the nature of the multi-party agreement part of the 1998 Agreement. It is argued that the multi-party agreement is neither a free-standing treaty nor an integral part of a treaty, and the rules of treaty interpretation do not apply to that instrument. The multi-party agreement, including its Rights, Safeguards and Equality of Opportunity part, should nevertheless be interpreted using a 'generous and purposive' approach. In accordance with existing precedents in UK constitutional law, the multi-party agreement should be interpreted generously and purposively due to its nature as a constitution for Northern Ireland.