The European Union Withdrawal Agreement refers to the agreement between the UK and the European Union (EU) regarding the terms of the UK`s withdrawal from the EU. One of the key questions regarding the agreement is whether it qualifies as a treaty or not.
Before delving into the “is the EU withdrawal agreement a treaty?” question, it is important to define what a treaty actually is. According to the Vienna Convention on the Law of Treaties, a treaty is an international agreement that is entered into by two or more states with the intention of creating legally binding obligations between them.
Based on this definition, it is clear that the EU Withdrawal Agreement does indeed qualify as a treaty. It was negotiated and entered into by two parties – the UK and the EU – with the intention of creating legally binding obligations between them. The agreement outlines the terms of the UK`s withdrawal from the EU, including issues such as the status of EU citizens in the UK, the financial settlement, and the Northern Ireland border.
Furthermore, the EU Withdrawal Agreement has been ratified by both the UK and the EU. In the UK, the agreement was passed into law as the European Union (Withdrawal Agreement) Act 2020, while the EU approved the agreement through a council decision. The fact that the agreement has been ratified by both parties further cements its status as a treaty.
It is also worth noting that the EU Withdrawal Agreement contains provisions that are similar to those found in traditional treaties. For example, it has a dispute resolution mechanism, which allows for disputes between the UK and the EU to be resolved through arbitration. This is a common feature of treaties, and further reinforces the idea that the EU Withdrawal Agreement is indeed a treaty.
In conclusion, the EU Withdrawal Agreement qualifies as a treaty based on the definition of a treaty under international law. It was negotiated and entered into by two parties with the intention of creating legally binding obligations between them, and has been ratified by both the UK and the EU. The presence of a dispute resolution mechanism also reinforces its status as a treaty.
