The Routledge Handbook on the International Dimension of Brexit


I. The framework for the future relationship between the EU and the UKThe implications of Brexit for EU and UK external relations: An introductionIntroductionAim of the bookStructure of the bookNotesTowards the formulation of the 'Brussels criteria': The values and principles underlying EU withdrawal and their application in future contextsIntroductionAn 'orderly withdrawal': the foundational conceptDecision to withdrawGeographical criterionNational constitutional criterionPrinciples of negotiationsSincere co-operationTransparencyCriteria for extending negotiationsWithdrawal AgreementGood neighbourly relationsTransitional periodIssues concerning land bordersFuture trading termsSocial criteria: citizens' rightsDemocracySolidarityEquality or non-discriminationLegal certaintyFinancial criterion: settling the divorce billLegal criterion: requirement to maintain the acquisInstitutional and administrative criteriaConclusionNotesIn the twilight zone: The transition period in the Withdrawal AgreementIntroductionFrom subject to object: a status quo transition?In the twilight zone: exploring the differenceLack of representationSources of the law and equalityMutual trustDuty of loyaltyThe status of UK citizens during transition: fundamental still?Legality: the right to voteTransition extensionExtension under the WAAmending the WAConclusionNotesParliamentary involvement in the negotiations on the EU-UK trade agreementIntroductionA comprehensive framework for EU-UK relations or a standard trade agreement?The position of the European ParliamentProvisional application, conclusion and the role of national parliamentsThe position of the UK Parliament in negotiations on the EU-UK agreementConclusionsNotesEll withdrawal law after Brexit: The emergence of a unique legal procedureIntroductionThe role of the European institutions and their impact on the withdrawal processThe European CouncilThe European CommissionThe Council of the European UnionThe European ParliamentThe legal status of a withdrawing Member StatePre-notification statusThe withdrawing state as a full(ish) Member StateConclusionsNotesII. Brexit and existing EU international agreementsManaging Brexit: Trade agreements binding on the UK pursuant to its EU membershipIntroductionThe status of the EU's trade agreements and BrexitThe status of the existing trade agreements under the Withdrawal AgreementRollover agreements: carrying over the theme of continuity (or what to do until we have decided what to do)ConclusionNotesCome fly with me?: Brexit and air transportIntroductionIssues at stakeLack of a WTO fall-back for air transportOwnership and control challengesSafety aspectsAir transport competencesAir traffic rightsEmergence of EU air transport policyBrexit and air transport competencesContingency measures related to air transportCommission proposalsCouncil amendments and Member States call for future mixed agreementReactionsThe adopted contingency measuresConcluding remarksLooking back: lessons learnedLooking ahead: prospects for new EU-UK agreementsNotesOutside the opt-out Legal: consequences of the UK's withdrawal from the EU for external action in the AFSJIntroductionLegal effects of Brexit on international agreements concluded by the EU in the AFSJInternational agreements not binding on the UK on the basis of the opt-out regimeInternational agreements to which the UK opted inEU-only agreementsMixed agreementsThe UK's external margin of manoeuvre before effective withdrawal from the EUConcluding remarksNotesCopy-pasting or negotiating?: Post-Brexit trade agreements between the UK and non-EU countriesIntroductionThe big picture: where are we now?IntroductionChoice of trading partnersRolling over means copy-pasting or cross-referencingHighlighters out: let's get rid of...A closer look: post-Brexit agreements with Georgia and KosovoIntroductionThe UK-Georgia Strategic Partnership and Cooperation AgreementThe Partnership, Trade and Cooperation Agreement with KosovoConclusionsNotesIII. International organizations and EU diplomacy after BrexitEU-UK relations at the WTO: Towards constructive creative competitionIntroductionThe story so farSchedulesEU only agreements and commitmentsRepresentationLife at the WTOEU and UK relations with third countriesTariff rate quotasTrade remediesThe Northern Ireland ProtocolRelations with each otherConclusionNotesBrexit and its implications for the EU in the UN Security CouncilIntroductionThe UK's permanent seat on the UNSC and why it matters in the post-Brexit debateUK perspectiveEU perspectiveTreaty mechanisms for EU 'actorness' at the UNSCThe Political Declaration on the future relationshipRecent dynamics of EU Member States' practice in the UNSCTowards an EU permanent seat?Concluding remarksNotesEU diplomacy after BrexitIntroductionThe downsizing of the EU diplomatic networkCoordination of the EU diplomatic network after BrexitConsular protection in third states after Brexit: consular démarches ...and assistance to unrepresented EU citizensProtection of EU individuals in the UKConclusionAcknowledgementsNotesBrexit and fisheries International law issues, participation in RFMOs, reciprocal access and the futureIntroductionBackgroundThe Common Fisheries PolicyThe international law of fisheriesRFMOsBilateral fisheries agreementsThe situation in the absence of an international agreement ('no deal')The obligations under international lawPreparedness and contingency measures (on both sides)Fisheries in the Withdrawal AgreementInternational negotiations and treaties during the transition periodThe UK is bound by international agreements concluded by the UnionYet, its participation in decision-making processes in the area of external action becomes limitedIn particular, fishing opportunitiesThe UK preparations to become a party to international instrumentsThe 'backstop': where fisheries tried to meet tradeThe impact of Brexit on different categories of international agreementsMultilateral treatiesRFMOsBilateral relationsConclusion: the futureAcknowledgementsNotesIV. Common foreign, security and defence policy after BrexitPost-Brexit participation of the UK in EU foreign, security and defence policyIntroductionLegal institutional possibilities and obstaclesThe Withdrawal AgreementThird country participation in CFSPThird country participation in CSDPConclusionAcknowledgementsNotesUK sanctions policy after Brexit: From dependence to autonomy?IntroductionThe UK's obligations under the withdrawal agreement in the field of CFSP during the implementation periodThe adaptation of the UK legal order to EU sanctions lawParallel sanctions by default for the UK or an autonomous sanctions policy?The SAMLA and the right to effective judicial protectionConclusionsNotesEU sanctions policy and the alignment of third countries: Relevant experiences for the UK?IntroductionThe UK's sanctions policy after Brexit: implications of the withdrawal agreementThe practice of alignment of non-EU countries with EU sanctions regimes: a possible way forward after Brexit?The sanctions alignment practices of non-EU countriesCandidate and potential candidate countriesEEA countries and SwitzerlandEastern Partnership countriesDifferent approaches to sanctions alignmentFuture cooperation in sanctions policy between the EU and the UKConcluding remarksNotesEU crisis management operations and international responsibility post-BrexitIntroductionCrisis management and the complexity of applying the principles of international responsibilityCrisis management and effective control: foundational problemsCrisis management, effective control, and third statesCrisis management, effective control, and the UKCrisis management and the adjudication of international responsibilityConclusionNotesV Brexit and specific international arrangementsBrexit and EU agencies: Opting-in from the outside?IntroductionEU agencies in the EU's institutional landscapeThe EU's policy and legal framework enabling third country participation in EU agenciesThird European countries in EU agencies: four participation categoriesSui generis participation: Denmark's international law and the UK's (former) EU law opt-in into Europol and EurojustSchengen states' functional semi-membership in FrontexMembers without voting rights in internal market related agencies (EEA countries)Observers and international cooperation of third European countriesConclusions: reconciling the UK's vision and wishes with the EU's existing framework of participationNotesDisentangling the UK from EU environmental agreements after Brexit: The challenges posed by mixed agreements and soft lawIntroductionDisengaging from multilateral environmental agreementsEU-only international environmental agreementsUK-only agreements concluded on behalf of the EUEnvironmental mixed agreementsOn soft lawFinal remarksAcknowledgementsNotesThe future of judicial cooperation in criminal matters between the EU and the UKIntroductionThe role of the UK in the development of judicial cooperation within the EUThe legal regime applicable until the end of the transition periodLessons learned from existing EU external cooperationOptions available for extradition and mutual legal assistanceCooperation with EurojustPossibilities envisaged by both partiesGuidance from EU external relations lawNotesVI. Contested and external effects of BrexitThe implications of the Withdrawal: Agreement for Gibraltar Is Spain taking back control?IntroductionThe status of Gibraltar in international law and EU lawThe implications of the Protocol on Gibraltar and the Memoranda of Understanding agreed between Spain and UKGibraltar and the territorial application of the Withdrawal AgreementThe debate on the amendment of the visa regulationConclusionsAcknowledgementsNotesBrexit and international legal sovereigntyIntroductionBrexit and conceptions of sovereigntyInternational legal sovereigntyThe UK and areas of contested sovereigntyPalestineCyprusSovereign Base AreasNorthern CyprusWestern SaharaConclusionNotesThe cross-channel reach of Ell law in the UK post-BrexitIntroductionGlobal governance perspectives: on rule-taking and rule-makingLaw and EU IR: on the taking and receiving of EU law internationally'Reach'and EU law'Reach' and its methodologyPolitical economy: the reach of EU rules in trade agreements with third partiesOverviewOn alignment and the EU's third party agreementsEU human rights law 'in' international agreements: non-regression clauses, essential elements and conditionality in EU FTAsOverviewThe EU-CETA SPA linkageEU-Japan EPA and SPA linkageThe UK's view of the reach of EU lawThe (UK) EU Withdrawal Act 2018European Union (Withdrawal Agreement) Act 2020: post-exit C]EU case lawConclusionsNotes
 
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