en
Book chapter
English

The Status of the United Kingdom Regarding EU Mixed Agreements after Brexit

Published inThe EU and its Member States’ Joint Participation in International Agreements, Editors Nicolas Levrat, Yuliya Kaspiarovich, Christine Kaddous and Ramses A. Wessel, p. 271-285
PublisherOxford : Hart Publishing
Collection
  • Modern Studies in European Law; 108
Publication date2022
Abstract

The purpose of this contribution is to propose solutions in the event that an EU Member State activates the withdrawal clause of Article 50 TEU. To this end, the authors analyse international and European Union law perspectives with regard to the recent practice relating to Brexit. As is well known, Article 50 TEU provides for the conditions and consequences of the withdrawal of a Member State from the EU. However, it is silent on the participation of the withdrawing state in mixed agreements. Firstly, EU-only treaties cease to apply on the date on which a Member State withdraws from the EU. Secondly, several mixed agreements contain a territorial application clause limited to the territories of EU Member States and corresponding third parties (neither of which correspond to the departing state). In these circumstances, although the UK may formally remain a party to such agreements under international law, such agreements would in practice cease to apply to it. As a matter of fact, the UK concluded new agreements with third countries. It replicated, as far as possible, the effects of the EU's trade arrangements with partner countries, as they were applied to the UK through mixed agreements prior to the end of the transition period. (source: book's introduction, p. 17-18)

eng
Keywords
  • Union européenne
  • Royaume-Uni
  • Brexit
  • Accords internationaux
  • Accords mixtes
  • Droit européen
  • Droit international
Citation (ISO format)
KADDOUS, Christine, BADJINRI TOURÉ, Habib. The Status of the United Kingdom Regarding EU Mixed Agreements after Brexit. In: The EU and its Member States’ Joint Participation in International Agreements. Oxford : Hart Publishing, 2022. p. 271–285. (Modern Studies in European Law)
Main files (1)
Book chapter (Published version)
accessLevelPrivate
Identifiers
  • PID : unige:160034
ISBN978-1-5099-4587-0
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