The reform of the institutions created by the 1998 Belfast/Good Friday Agreement and treaty amendment: an example of the interplay between a treaty and a non-legally binding agreement

Abstract

This article will focus on aspects of the reform of the institutions created by the 1998 Belfast/Good Friday Agreement which relate to the law of treaties. It will examine the relationship between the British–Irish Agreement (BIA) and the Multi-Party Agreement and the effect of this relationship a) on the question of whether a reform of the institutions established by the Multi-Party Agreement requires the amendment of the BIA and b) on the distinction between interpretation and amendment in subsequent agreements and subsequent practice related to the BIA. It will argue that whether the BIA will need to be amended depends on whether the reform affects institutions under Strand One or also under Strands Two and Three and also on the extent and the nature of the reforms to the institutions, in view of the provisions of the BIA as interpreted in light of its object and purpose.