Post-Brexit: Untangling the fishing mesh

2020 ◽  
Vol 27 (5) ◽  
pp. 660-683
Author(s):  
Thomas van Rijn ◽  
Jill Wakefield
Keyword(s):  
International Law ◽  
Transition Period ◽  
Trade Agreement ◽  
Marine Environmental Protection ◽  
Key Issues ◽  
Sanitary Product ◽  
Close Cooperation ◽  
Fish And Fishery Products ◽  
The Uk ◽  
The Eu

Fisheries is one of the key issues in the negotiations for an agreement between the UK and the EU on their future relationship. At the end of the transition period, the UK will have full sovereignty over its waters but the EU is demanding the continuation of the existing pattern of fishing as far as possible. This article untangles the different elements of the issue. It demonstrates the international legal requirements for the regulation of fishing that will have to be met by the UK. To meet its obligations with regard to access to and use of fish resources under international law, a close cooperation with the EU and other neighbouring countries will be necessary. As the EU negotiation position links a free trade agreement with an agreement on fisheries while the UK is seeking discrete trade and fisheries agreements, the position at the end of 2020 is very uncertain. The problems regarding the trade in fish and fishery products, customs duties and sanitary product standards will be examined. EU provisions on environmental standards and marine protected areas will in principle no longer be applicable in the UK, but marine environmental protection is an obligation of international law so the protection of the marine environment and ecosystems in UK waters post-Brexit will be considered. We conclude by considering whether Brexit will deliver anticipated benefits.

Disarray will cloud start of EU-UK Brexit talks

2017 ◽  
Keyword(s):  
United Kingdom ◽  
Transition Period ◽  
Content Type ◽  
The United Kingdom ◽  
Eu Membership ◽  
Key Issues ◽  
The Uk ◽  
Political Turmoil ◽  
Implementing Strategies ◽  
The Eu

Significance The process has been plunged into further uncertainty by the outcome of the June 8 UK general election, which has sparked renewed debate about what kind of Brexit the United Kingdom wants and what kind of future economic relationship with the EU it should seek to negotiate. Impacts The UK government’s weakness is a cause for concern elsewhere in the EU, raising fears that it may not be able to compromise on key issues. Many businesses will begin implementing strategies for dealing with Brexit early next year, before knowing the outcome of the negotiations. Pressure for a lengthy transition period will continue to build. The political turmoil and slowing economic growth in the United Kingdom may increase support for EU membership elsewhere in the bloc.

scholarly journals Trade and Cooperation Agreement Between the EU and the UK: Conditionality Versus Sovereignty

2021 ◽  
Vol 102 (2) ◽  
pp. 5-16
Author(s):  
Lyudmila Babynina ◽  
Keyword(s):  
European Union ◽  
Transition Period ◽  
Trade Agreement ◽  
Economic Losses ◽  
Customs Union ◽  
The European Union ◽  
Cooperation Agreement ◽  
British Case ◽  
The Uk ◽  
The Eu

The United Kingdom left the European Union on January 31, 2020. On December 31, 2020, the transition period ended, during which all EU rules and regulations applied to Britain. The trade agreement was reached in record time, but it is too early to talk about long-term mutual benefits. The British case in the system of trade and economic agreements of the European Union is unique. On the one hand, at the time of the negotiations, the UK retained EU law, was a member of the EU Single Internal Market and Customs Union, subject to the jurisdiction of the EU Court of Justice. On the other hand, the EU for the first time found itself in a situation when a third country was determined to distance itself as much as possible from EU rules while concluding a trade agreement, despite the obvious economic losses. At the same time, both sides understood that the absence of an agreement threatened all interested actors with serious losses, and that it must be concluded. As a result, the compromise text of the TCA reflects the fundamentally different approaches of the parties to bilateral cooperation, and its provisions suggest a change of its format in the future.

Brexit and Canada: Stopgap Solutions for the EU–Canada Comprehensive Economic and Trade Agreement (CETA) or a New Beginning?

2021 ◽  
Vol 58 (2) ◽  
pp. 248-264
Author(s):  
Nanette Neuwahl
Keyword(s):  
Transition Period ◽  
Trade Agreement ◽  
Cooperation Agreement ◽  
New Beginning ◽  
The Uk ◽  
The Eu

This article investigates how Canada’s trade with the EU-27 and the UK might be affected by Brexit. As the transition period foreseen in the 2019 UK Withdrawal Agreement has ended, the EU and the UK are no longer one customs area. The EU–Canada Comprehensive Economic and Trade Agreement (CETA), like other EU agreements, has ceased to apply to the UK. Henceforth, the policies and legislation of the UK and the EU-27 will invariably diverge. Taking into account both the EU–UK Trade and Cooperation Agreement as well as the Canada UK Trade Continuity Agreement concluded in late-2020, the article shows that the agreements reached, while providing immediate stopgaps for some of the fallout of Brexit, also represent potential for a new departure.

The Negotiations on the Future Trade Relations

2020 ◽  
pp. 211-232
Author(s):  
Paola Mariani ◽  
Giorgio Sacerdoti
Keyword(s):  
Northern Ireland ◽  
Free Trade ◽  
Transition Period ◽  
Trade Agreement ◽  
Good Faith ◽  
Trade Relations ◽  
The World ◽  
The Future ◽  
The Uk ◽  
The Eu

This chapter examines the negotiations on the future relations between the UK and the EU. The UK left the EU on the basis of a Withdrawal Agreement, which includes an obligation to negotiate in good faith the future relationship between the parties. The framework for future cooperation is outlined in a non-binding Political Declaration attached to the Withdrawal Agreement. This foresees the conclusion after the end of the transition period of a free trade agreement. However, the parties’ respective negotiating directives and guidelines, made public in February of 2020, show a remarkable gap in objectives and features of the future agreement, to the point that a failure of the negotiations and a no-deal Brexit is still a possibility. The chapter then considers the provisions of the Withdrawal Agreement impacting the future EU–UK relations, namely Article 184 and the Protocol on Northern Ireland that already foresees rules applying between the parties post-transition, with respect to Northern Ireland. It also reflects on the challenges the UK faces in negotiating trade agreements with the EU while also doing so with the rest of the world.

scholarly journals Brexit, the EU-UK Withdrawal Agreement, and Global Treaty (Re-)Negotiations

2020 ◽  
Vol 114 (3) ◽  
pp. 443-462
Author(s):  
Joris Larik
Keyword(s):  
European Union ◽  
International Law ◽  
Transition Period ◽  
The Novel ◽  
Eu Law ◽  
The European Union ◽  
International Treaty ◽  
The United Kingdom ◽  
The Uk ◽  
The Eu

AbstractThe withdrawal of the United Kingdom from the European Union has prompted a global recalibration of treaty relations. Due to the Withdrawal Agreement and its transition period, the UK is expanding its international treaty-making powers as it is gradually released from the constraints of EU law. Practice to date shows the creation of many new international legal instruments through which governments have sought to address the novel questions that Brexit raises for the international law of treaties.

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.

Medical Device Regulation: Requirements for Dental Professionals Who Prescribe and Manufacture Custom-Made Devices

2021 ◽  
Vol 10 (1) ◽  
pp. 64-88
Author(s):  
James I. J. Green
Keyword(s):  
Medical Device ◽  
Medical Devices ◽  
Transition Period ◽  
Eu Directive ◽  
Custom Made ◽  
Dental Setting ◽  
The Uk ◽  
Dental Professionals ◽  
The Eu ◽  
Medical Device Regulation

A custom-made device (CMD) is a medical device intended for the sole use of a particular patient. In a dental setting, CMDs include prosthodontic devices, orthodontic appliances, bruxism splints, speech prostheses and devices for the treatment of obstructive sleep apnoea, trauma prevention and orthognathic surgery facilitation (arch bars and interocclusal wafers). Since 1993, the production and provision of CMDs have been subject to European Union (EU) Directive 93/42/EEC (Medical Device Directive, MDD) given effect in the UK by The Medical Devices Regulations 2002 (Statutory Instrument 2002/618), and its subsequent amendments. Regulation (EU) 2017/745 (Medical Device Regulation, EU MDR) replaces the MDD and the other EU Directive pertaining to Medical Devices, Council Directive 90/385/EEC (Active Implantable Medical Device Directive, AIMDD). The EU MDR was published on 5 April 2017, came into force on 25 May 2017 and, following a three-year transition period was due to be fully implemented and repeal the MDD on 26 May 2020, but was deferred until 26 May 2021 due to the coronavirus disease 2019 (COVID-19) pandemic. In the UK, in preparation for the country’s planned departure from the EU, the EU MDR, with necessary amendments, was transposed into UK law (Medical Devices (Amendment etc.) (EU Exit) Regulations 2019, UK MDR). The UK left the Union on 31 January 2020 and entered a transition period that ended on 31 December 2020, meaning that, from 1 January 2021, dental professionals in Great Britain who prescribe and manufacture CMDs are mandated to do so in accordance with the new legislation while Northern Ireland remains in line with the EU legislation and implementation date. This paper sets out the requirements that relate to the production and provision of CMDs in a UK dental setting.

Implications of Brexit for Skilled Migration from India to the UK

2021 ◽  
pp. 001573252110122
Author(s):  
Rupa Chanda ◽  
Neha Vinod Betai
Keyword(s):  
Transition Period ◽  
The European Union ◽  
Jel Codes ◽  
Decision To Leave ◽  
East European ◽  
The United Kingdom ◽  
Take Back ◽  
The Uk ◽  
European Economies ◽  
The Eu

In June 2016, the United Kingdom took the world by surprise with the results of its referendum on whether to remain in the European Union (EU). With a 52% majority, the country decided to leave the bloc in which it had been a member since 1973. With this outcome began the long process of Brexit negotiations between UK and the EU. The UK officially ceased to be an EU member on 31 January 2020, with a transition period up to the end of 2020. The decision to leave the EU came on the back of rising bitterness among people. Membership in the EU was seen as expensive and not beneficial to the country. One of the major campaigning points of the leave camp was the issue of immigration. Given that free movement of people is an important part of being in the EU, the party argued that leaving the EU would help the country take back control of its borders. Immigration in the UK has been on the rise since the early 2000s. It shot up further with the accession of the eight East European economies into the EU. Figure 1 shows how, leading up to Brexit, immigration from the EU to the UK was constantly increasing. JEL Codes: F00, F30, F22, F23

scholarly journals Extradition Between the UK and Ireland After Brexit—Understanding the Past and Present to Prepare for the Future

2020 ◽  
pp. 002201832097753
Author(s):  
Gemma Davies ◽  
Paul Arnell
Keyword(s):  
Transition Period ◽  
Alternative Methods ◽  
Good Friday ◽  
The United Kingdom ◽  
Good Friday Agreement ◽  
The Future ◽  
Close Relationship ◽  
The Republic ◽  
The Uk ◽  
The Eu

The Republic of Ireland and the United Kingdom have a long, close and difficult history. The most recent phase of which dates from 1998 and the conclusion of the Good Friday Agreement. Since 1921, however, there has been unique practice between Ireland and the UK as regards the transfer of accused and convicted persons from one to the other. Indeed, there has been a special and close relationship between the two in that regard; albeit one not without difficulties. In recent times EU Justice and Home Affairs measures and the Good Friday Agreement have supplemented and strengthened the relationship. These include, since January 2004, the European Arrest Warrant (EAW). The EAW has been particularly important in streamlining the extradition process between the Ireland and the UK. This phase of history and co-operation is coming to an end. The UK’s membership of the EU has now ceased, and a transition period during which the UK remains part of the EAW will end on 31st December 2020. The extradition relationship between the two is therefore facing a considerable challenge. There are several options open to Ireland, the UK and the EU as a replacement. Time, political will and the interests of third states, however, may well stand in the way of the conclusion of an agreement that optimally serves the interests of all parties and criminal justice. This paper considers the origins of extradition between the UK and Ireland and the alternative methods of extradition open to the UK and Ireland after Brexit. Consideration is given to the likely operation of a Norway-Iceland style agreement and whether such an agreement will be in place by the end of the transition and, if it was, whether its terms are likely to be sufficient for the needs of Ireland and the UK. The possibility of a bilateral arrangement on extradition between Ireland and the UK is also explored. Underlying the discussion is the critical point that the future extradition relationship must retain its ‘special’ characteristics, and therefore maintain the trust and good will that has developed over the years and given rise to an effective extradition relationship between the two countries. In other words, the lessons of history must be remembered.

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