Would the hard border that would come up in a "no deal" Brexit (between the Republic of Ireland and Northern Ireland) be violating any binding agreements that the UK has signed? (And the same goes for question for the Republic of Ireland and/or the EU.) Or is it merely politically "unacceptable"?

There's video by the European Parliament which mentioned the Good Friday agreements and some EP resolution. But how binding are these with respect to actually mandating a non-hard border? And what do they actually prohibit or demand with respect to the border?

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    Related (as yet unanswered) question on Law: What are the implication of the Good Friday Agreement for customs controls? – phoog Jul 20 '18 at 3:46
  • @phoog: interesting, according to the discussion there, the GF agreement doesn't even mention the border controls. I have to wonder why would the EP video name-drop it then. – Fizz Jul 20 '18 at 4:02
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    There are certainly points of the agreement that could be stretched by UK's withdrawal from the EU customs union. For example, it could be taken as a barrier to cooperation, which is an important concept in the agreement. The agreement also explicitly mentions its context as an agreement between two EU members, so that argues for renegotiation. But the agreement itself does not mandate an open border, or even mention the border explicitly, so it can't be binding in that regard. – phoog Jul 20 '18 at 16:28
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    Strictly speaking the hard border might be politically necessary in case of a no-deal scenario. According to WTO rules, specifically the "Most Favored Nation" principle, should the UK keep the NI border open to trade, it would have to provide the same benefit to all other (WTO) nations. As for the Good Friday agreement it has already seen legal consequences in 2017 R (Miller) v Secretary of State for Exiting the European Union. – armatita Jul 31 '18 at 15:05

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