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Citation for published version

Ryan, Bernard (2001) The Common Travel Area between Britain and Ireland. Modern LawReview, 64 (6). pp. 855-874. ISSN 0026-7961.

DOI

https://doi.org/10.1111/1468-2230.00356

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Published version available in ‘Modern Law Review, 64 (6). pp. 855-874’ - 1 -

The Common Travel Area between Britain and Ireland Bernard Ryan*

Modern Law Review, 64 (6). pp. 855-874 2001 Not Published Version

Abstract: Despite its endorsement by the Treaty of Amsterdam, the origins and content of the 'common travel area' between Britain and Ireland remain largely unknown. This article relies upon published and archive material in order to provide a comprehensive analysis of the common travel area. It shows that the common travel area has been founded upon administrative agreements (in 1922 and 1952), that it has influenced the special status of Irish nationals in British law and vice versa, and that it has been reflected in the law on entry to each state from the other and in the enforcement by each state of the other's immigration policy. It goes on to argue that the existence of a land border between the two states has been the primary reason for the common travel area. The implications for the common travel area of the recent increase in immigration to Ireland are then examined. Here, it is shown there have been significant changes to Irish immigration law relating to the common travel area since 1997, and it is suggested that these new circumstances may result in further reform of laws and practices in both Britain and Ireland.

Keywords:

common travel area, United Kingdon, Eire, Republic of Ireland, Northern Ireland, land border, schengen, Treaty of Amsterdam, entry requirements, visas, status, dominion, immigration controls, nationality, Irish free state

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