An ROI protocol was a much more logical consequence of existing constitutional arrangements.
Not at all Duke, not at all. You may recall that RoI changed
its constitutional status in 1998 over the territorial claim. Inherent in that change was the understanding that Ireland and Britain had reached a space where the ordinary folk of the day were intent about going about their business and social activities under a broadly level playing field. By virtue of the European Courts of Justice hovering in the background, nationalists could sense the scales of justice being balanced in the event of enduring anymore British injustice (real or perceived).
This Brexit thing, a wholly English nationalist endeavour, was seized upon by Unionists as an opportunity to reinforce and reaffirm the false mantra of 'Ulster is British'. It was positively an opportunistic territorial grab by political class of Unionism.
Thankfully enough reasonable Unionists saw through it, and the people of NI in general, exercising their democratic right to self-determination they resoundingly rejected Brexit.
Brexiteers, including Unionists, were afforded ample opportunity to demonstrate how border arrangements would work between North and South that would not antaganoise or provoke a militant Republican response. I'm not sure to what extent the reaction would have been, but I am satisfied that some reaction would occur.
So the sea border was invented. A reasonable compromise. Nobody lives in the sea, nobody works in the sea, it is a wholly abstract concept. All that it means is that some customs and trade regulations be applied between GB and NI. The paperwork being carried out by... customs officials... who are paid and trained for this sort of thing, so they should not be overly aghast at checking more forms (might even be a pay rise in for them?)
The folk on the Shankill Road are not upset about any influence the ECJ may have on their lives
True, but the folk on The Falls may think differently.
While it is worthy of Dublin to pipe up from time to time about having the back of Nationalists, we all know it is mostly window dressing.
But the ECJ on the other hand is a different beast, a heavy hitter in field of impartiality and for imposing its will on both Dublin and London if need be.
The constitutional status of NI at the time of GFA (and changes to Art 2&3) was as members of the EU and its institutions.
Brexit changed that, and as the GFA states, it is for the people of NI to determine their future, without external interference. They chose to remain in the EU, and they are still in the UK - arguably, for trade, it is the best of both worlds.
It is an indictment on Unionist political class that they cannot sell this to their people.