Balancing Self-determination Claims

The first paragraph appears to identify the North as the self-determination unit. Its decision alone appears to determine continued union or a merger with the Republic of Ireland. However, the second paragraph has been crafted to allow the opposing interpretation. The reference to the people of the island of Ireland as the body entitled to exercise their right to self-determination could be taken to imply that the island as a whole 

Agreement Reached in the Multi-Party Negotiations (Good Friday Agreement), 10 April 1998, Art. 2(1). Full text available at http //www.nio.gov.uk/agreement.pdf, accessed 3 November 2008. 

Once again, the focus seems to be on the people of the island of Ireland as the subject of the right. However, this is counterbalanced by another paragraph wherein the parties  

In accordance with this determination, the draft clauses included in the agreement for incorporation into British legislation provide  

In terms of process. Schedule 1, to which reference is made in the above provision, requires the United Kingdom Secretary of State to order the holding of a poll on joining the Republic of Ireland if at any time it appears likely to him that a majority of those voting would express a wish that Northern Ireland should cease to be part of the United Kingdom and form part of a united Ireland .Under this clause, the Secretary is required to hold a poll ( shall ), but this mandatory requirement comes into force only subject to the exercise of his or her appreciation of popular will - the very fact that can really be assessed only through the poll. No further poll is to be held for seven years after a referendum which has rejected a change in territorial status. 

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Another model concerns the balancing of self-determination claims. Such settlements will unambiguously confirm the applicability of the rule of self-determination. However, they may then dilute the identification of the self-determination entity. Either side may claim confirmation of its legal position in this respect. As there is a mechanism for the administration of the act of self-determination attached, however, the issue is resolved in practice. In the case of Northern Ireland, this mechanism consists of recognising that a referendum must be held in both parts of the island, but that no change in status is possible without the concurrence of the North. 

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