The Law & Politics of Brexit: Volume II

2020 ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal Framework ◽  
Comprehensive Analysis ◽  
The European Union ◽  
Trade Relations ◽  
The United Kingdom ◽  
The Uk ◽  
Financial Settlement ◽  
The Eu

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.

The International Legal Framework for Post-Brexit EEZ Fisheries Access between the United Kingdom and the European Union

2019 ◽  
Vol 35 (1) ◽  
pp. 133-162 ◽  
Author(s):  
Valentin J. Schatz
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Transition Period ◽  
Legal Framework ◽  
The European Union ◽  
The United Kingdom ◽  
Fisheries Policy ◽  
Key Issues ◽  
The Uk ◽  
The Eu

Abstract On 29 March 2019, the United Kingdom (UK) will leave the European Union (EU). Consequently, the EU’s Common Fisheries Policy (CFP), including the rules on fisheries access, will cease to apply to the UK. The article analyses the legal regime for post-Brexit exclusive economic zone (EEZ) fisheries access between the UK and the EU against the background of the current legal status quo under the CFP. The article then proceeds to an analysis of potential lex ferenda. In this respect, it first discusses the EEZ fisheries access arrangements for the Brexit transition period contained in the prospective withdrawal agreement of 2018. In a second step, the article undertakes to identify key issues faced by the UK and the EU in negotiating a future framework regulating their fisheries access relationship.

scholarly journals The European Union and the United Kingdom: New Legal Framework for Cooperation

Legal Concept ◽  
2021 ◽  
pp. 176-183
Author(s):  
Dmitry Galushko ◽  
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Legal Framework ◽  
Legal Regulation ◽  
Negotiation Process ◽  
The European Union ◽  
The United Kingdom ◽  
The Future ◽  
The Uk ◽  
The Eu

Introduction: the paper analyzes the main stages of the negotiation process between the European Union and the United Kingdom on the issue of concluding a basic agreement regulating the future relations of the two parties in various areas of cooperation. The purpose of the study is to study and analyze the political and legal aspects of the negotiation process for the conclusion of the EU-UK Trade and Cooperation Agreement, the content of its main provisions, and the impact on the future framework of relations between the parties. Methods: in the course of the study, both general scientific methods of cognition and private legal methods (formal-legal, historicallegal) were used. Results: the paper proves that, despite all the difficulties that arose during the negotiation process throughout 2020, the parties managed to overcome numerous differences and conclude a basic agreement that outlined the future framework of relations between the EU and the UK. Conclusions: the analysis showed that the Agreement on Trade and Cooperation between the EU and the UK is unlikely to be the endpoint of the Brexit process. Although the Agreement establishes a framework for interaction on many issues, however, the parties are expected to continue to review and adjust the legal framework of the relationship, since, on the one hand, it is possible to supplement the Agreement on Trade and Cooperation with other treaties to regulate other areas of crucial importance for the parties that are not covered by the document, and on the other hand, also concerning some issues that, although settled, will soon require additional legal regulation, which indicates that the historic Brexit process is far from complete.

EU-Sanktionspolitik in geopolitischen Zeiten: Europas schärfstes Außeninstrument und seine Herausforderungen

IG ◽  
2020 ◽  
Vol 43 (4) ◽  
pp. 278-294
Author(s):  
Niklas Helwig ◽  
Juha Jokela ◽  
Clara Portela
Keyword(s):  
Decision Making ◽  
European Union ◽  
Current Debate ◽  
Global Competition ◽  
The European Union ◽  
The United Kingdom ◽  
Policy Tool ◽  
Restrictive Measures ◽  
Fine Tune ◽  
The Eu

Sanctions are one of the toughest and most coercive tools available to the European Union (EU). They are increasingly used in order to respond to breaches of international norms and adverse security developments in the neighbourhood and beyond. However, the EU sanctions policy is facing a number of challenges related to the efficiency of decision-making, shortcomings in the coherent implementation of restrictive measures, as well as the adjustments to the post-Brexit relationship with the United Kingdom. This article analyses these key challenges for EU sanctions policy. Against the backdrop of an intensifying global competition, it points out the need to weatherproof this policy tool. The current debate on the future of the EU provides an opportunity to clarify the strategic rationale of EU sanctions and to fine-tune the sanctions machinery.

scholarly journals Wpływ wyjścia Zjednoczonego Królestwa z Unii Europejskiej na wspólną politykę bezpieczeństwa i obrony UE

2018 ◽  
Vol 1 (1) ◽  
pp. 103-122 ◽  
Author(s):  
Tomasz Kubin
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Integration ◽  
Research Question ◽  
The European Union ◽  
The United Kingdom ◽  
Defence Policy ◽  
The Uk ◽  
The Eu ◽  
Common Security

The exit of the United Kingdom from the European Union (so-called Brexit) is one of the most important events in the process of European integration. It has a lot of extremely remarkable implications – both for the EU and for the United Kingdom. Among other, Brexit will affect the security of the United Kingdom and the EU. The aim of the study is to answer the research question: how will Britain’s exit from the EU influence the EU common security and defence policy? In order to answer this question, the factors that are most relevant to the United Kingdom’s significance for the EU’s security and defence policy will be identified. This will show how the EU’s potential of the security and defence policy will change, when the UK leaves this organisation. The most important conclusions are included in the summary.

Introduction

2020 ◽  
pp. 1-34
Author(s):  
Federico Fabbrini
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Parliament ◽  
The European Union ◽  
The United Kingdom ◽  
Uk Government ◽  
Article 50 ◽  
The Uk ◽  
The Eu

This introductory chapter provides an overview of the Withdrawal Agreement of the United Kingdom (UK) from the European Union (EU). The Withdrawal Agreement, adopted on the basis of Article 50 Treaty on European Union (TEU), spells out the terms and conditions of the UK departure from the EU, including ground-breaking solutions to deal with the thorniest issues which emerged in the context of the withdrawal negotiations. Admittedly, the Withdrawal Agreement is only a part of the Brexit deal. The Agreement, in fact, is accompanied by a connected political declaration, which outlines the framework of future EU–UK relations. The chapter then offers a chronological summary of the process that led to the adoption of the Withdrawal Agreement, describing the crucial stages in the Brexit process — from the negotiations to the conclusion of a draft agreement and its rejection, to the extension and the participation of the UK to European Parliament (EP) elections, to the change of UK government and the ensuing constitutional crisis, to the new negotiations with the conclusion of a revised agreement, new extension, and new UK elections eventually leading to the departure of the UK from the EU.

scholarly journals Prest v Petrodel Resources Limited: The Veil Finally Pierced?

2020 ◽  
pp. 15-26
Author(s):  
Mohammad El-Gendi
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Company Law ◽  
The European Union ◽  
The United Kingdom ◽  
Economic Climate ◽  
Piercing The Corporate Veil ◽  
The Veil ◽  
The Uk ◽  
The Eu

With the United Kingdom preparing to exit the European Union, the UK needs to create a clear case for why the UK should be the preferred place of business. Unclear, arbitrary and unprincipled laws and rulings may cause businesses to move to the EU post-Brexit. As such, it is necessary to reassess certain key case and areas of law in order to address their suitability for the new economic climate. The chosen area is company law, specifically piercing the corporate veil, which has someway yet to be ready to demonstrate the best case for UK business.

scholarly journals The Impact of Hard Brexit on Polish Exports

2018 ◽  
Vol 54 (2) ◽  
pp. 99-109
Author(s):  
Jakub Borowski ◽  
Jakub Olipra ◽  
Paweł Błaszyński
Keyword(s):  
Economic Integration ◽  
Global Economy ◽  
Interesting Case ◽  
First Year ◽  
The European Union ◽  
Trade Relations ◽  
The United Kingdom ◽  
The Uk ◽  
The Impact ◽  
The Eu

Abstract The decision of the United Kingdom (UK) to leave the European Union (EU) is unprecedented, especially considering the recent trend in the global economy toward economic integration. There is a multitude of research concerning the implications of economic integration; however, research in the field of disintegration is scarce. Brexit serves as an interesting case study to investigate the effects of economic disintegration. The implications for trade are especially fascinating as trade liberalization is one of the most important benefits of economic integration. Existing studies focus mainly on Brexit’s impact on the UK’s exports and imports, while less attention has been paid to Brexit’s effects on the trade of other countries. The main objective of our research is to estimate Brexit’s influence on Polish exports. We present several possible scenarios of future trade relations between the UK and the EU and assume that, at least in the nearest-future post-Brexit scenario, trade under the World Trade Organization rules is most likely. This will result in the imposition of tariffs on trade between the UK and the EU members, including Poland. In our research, we used the real exchange rate of the Polish zloty against the British pound as a proxy for the changes in price competitiveness of Polish exports due to the imposition of tariffs. We find that in the first year after Brexit, the dynamics of Polish exports to the UK will decrease due to the imposition of customs duties by 1.3 percentage points (pp) and by 0.1 pp when it comes to total Polish exports. This paper contributes to the discussion on the effects of disintegration on trade. We propose a new method for assessing changes in trade volume due to increase of trade barriers.

The consequences of UK withdrawal From the European Union

2019 ◽  
Vol 3 (10) ◽  
pp. 129
Author(s):  
Bakhan Ako Najmalddin
Keyword(s):  
European Union ◽  
Foreign Relations ◽  
The European Union ◽  
World War Two ◽  
World War ◽  
Defining Moment ◽  
The United Kingdom ◽  
The Uk ◽  
Future Status ◽  
The Eu

The European Union is the most important development in European history since World War Two. Nothing else has had such a broad, deep, and lasting effect on the lives of Europeans. The topic of Europe has been a source of tension in the UK. The UK has long been one of the most skeptical and ambivalent members of the 28-country European Union (EU). The EU, the rest of Europe, allies around the world and the UK itself need to be prepared for the wider international implications of such a move. The approaching referendum on whether the United Kingdom should remain in or leave the European Union marks a defining moment for the country’s foreign relations. In addition to determining the UK’s future status in Europe, it will affect Britain’s ability to thrive in and help shape a rapidly changing world.

Public opinion attitudes towards the European Union and its future in the United Kingdom. Study based on the results of Eurobarometer surveys in the UK and Poland

2014 ◽  
pp. 116-131
Author(s):  
Beata Słupek
Keyword(s):  
European Union ◽  
The European Union ◽  
Main Research ◽  
The United Kingdom ◽  
The Future ◽  
The Subject ◽  
The Uk ◽  
The Relationship ◽  
British People ◽  
The Eu

The subject of this publication is the scepticism regarding the future of the European Union in the UK. The research is based on Eurobarometer surveys conducted over the period of five years. A purpose of the research is to show the relationship between the results of the Eurobarometer survey on the future of the EU, and the eurosceptic views in the UK. The main research questions is: is the UK sceptical about the future of the EU? Hypothesis of this publication is that the UK is sceptical about the future of the European Union. The reasons for such attitudes are not analysed here – the article is merely an attempt to present the societal attitudes. The research method employed is the comparative critical analysis of quantitative data. The conclusion is that Great Britain is not significantly eurosceptic. British people are, however, less enthusiastic about what is happening at present in the EU, and also are showing greater anxieties when it comes to the future of the EU.

4. International Sources of Law

2017 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
European Union ◽  
United Kingdom ◽  
International Law ◽  
Primary Sources ◽  
Eu Law ◽  
The European Union ◽  
The United Kingdom ◽  
The Uk ◽  
International Conventions ◽  
The Eu

This chapter discusses international sources of law. Conventions and treaties are the primary sources of international law. International law also relies on custom, that is to say informal rules that have been commonly agreed over a period of time. The United Kingdom joined the (then) European Economic Community (EEC) in 1972. As part of the conditions for joining the UK agreed that EEC (now EU) law would become automatically part of the law of the United Kingdom. The principal treaties governing the EU are the Treaty on the European Union and the Treaty on the Functioning of the European Union. Disputes are adjudicated by the Court of Justice of the European Union. Whilst the UK has recently voted to leave the EU, it will not do so for at least two years, meaning EU law will remain part of UK law. The United Kingdom is also a member of the Council of Europe, which has issued a number of international Conventions that impact the English Legal System.

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