Brexit The Legal Implications

Author : Andrea Biondi,Patrick J. Birkinshaw,Maria Kendrick
Publisher : Kluwer Law International B.V.
Page : 330 pages
File Size : 54,6 Mb
Release : 2018-11-29
Category : Law
ISBN : 9789041195418

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Brexit: The Legal Implications by Andrea Biondi,Patrick J. Birkinshaw,Maria Kendrick Pdf

If Brexit comes to pass, what changes in the United Kingdom legal system will the world face when dealing with the UK? The contributors to this penetrating new collection of studies – a worthy successor to the widely read pre-referendum Britain Alone! – bring a prodigious level of expert scrutiny to the myriad of rami?cations of this hugely complex subject. This book gathers together experts from different ?elds of legal practice and academia, not only to discuss the ongoing negotiations but also – and most valuably – to highlight and address the legal implications of possible scenarios and solutions for a post-Brexit United Kingdom and European Union. With topical chapters based on the Brexit Seminar Series held by the Centre of European Law at King's College London, the contributors address the challenges, options, opportunities, and possibilities that the Brexit process may engender in such areas as the following: – constitutional and administrative law; – the European Economic Area and the European Free Trade Association; – EU State aid; – the Irish border; – the fall-back position of the WTO rules should no agreement be achieved; – banking law, ?nancial services, and capital markets; – debt restructuring and insolvency practice; – environmental issues; – private international law; – tax; – citizenship; – social security; and – residence rights, especially considering women and children. Due to the unprecedented event that Brexit represents, there is an insatiable need for knowledge and technical detail as to its possible legal implications. This book, in its thorough analysis of the ongoing Brexit process and its technical understanding of the meaning of Brexit for several substantive areas of law, offers a solidly grounded and revealing exploration of the future that is particularly enlightening in explaining the challenges that the UK legal order is facing as a consequence of Brexit.

Author : Oonagh E. Fitzgerald,Eva Lein
Publisher : McGill-Queen's Press - MQUP
Page : 276 pages
File Size : 40,8 Mb
Release : 2018-03-31
Category : Political Science
ISBN : 9781928096641

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Complexity's Embrace by Oonagh E. Fitzgerald,Eva Lein Pdf

An unprecedented political, economic, social, and legal storm was unleashed by the United Kingdom's June 2016 referendum to leave the European Union and the government's response to the vote. After decades of strengthening European integration and independence, Brexit necessitates a deep understanding of its international law implications on both sides of the English Channel in order to chart the stormy seas of negotiating and advancing beyond separation. In Complexity's Embrace, international law practitioners and academics from the United Kingdom, Europe, Canada and the United States look beyond the rhetoric of "Brexit Means Brexit" and "no agreement is better than a bad agreement" to explain the challenges that need to be addressed in the diverse fields of trade, financial services, insolvency, intellectual property, environment, and human rights. The authors in this volume articulate, with unvarnished clarity, the international law implications of Brexit, providing policy makers, commentators, the legal community, and civil society with critical information they need to participate in negotiating their future within or outside Europe. Complexity's Embrace explores the many unprecedented questions about the UK's future trading arrangements. Contributors include Thomas Cottier, Armand de Mestral, Oonagh E. Fitzgerald, David A. Gantz, Markus Gehring, Valerie Hughes, Matthias Lehmann, Eva Lein, Dorothy Livingston, Richard Macrory, Luke McDonagh, Marc Mimler, Howard P. Morris, Gabriel Moss, Helen Mountfield, Federico M. Mucciarelli, Joe Newbigin, Colm O’Cinneide, Damilola S. Olawuyi, Christoph G. Paulus, Maziar Peihani, Freedom-Kai Phillips, Stephen Tromans, Diana Wallis, and Dirk Zetzsche.

Author : Jörn A. Kämmerer,Hans -B. Schäfer
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 41,5 Mb
Release : 2021-05-28
Category : Law
ISBN : 9781800376588

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Brexit by Jörn A. Kämmerer,Hans -B. Schäfer Pdf

This timely book presents international and interdisciplinary perspectives on the dynamics, trajectories and consequences of Brexit. Focusing on the interaction of legal and economic issues, it evaluates the relevance of non-economic expectations and ‘red lines’ involved in the process of the UK’s exit from the EU.

Author : Jennifer Hillman,Gary Horlick
Publisher : Unknown
Page : 440 pages
File Size : 43,7 Mb
Release : 2017-03-20
Category : Electronic
ISBN : 0692866035

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Legal Aspects of Brexit by Jennifer Hillman,Gary Horlick Pdf

In Legal Aspects of Brexit, Georgetown Law professors Jennifer Hillman and Gary Horlick present an overview of many of the legal issues raised by the United Kingdom's (UK's) decision to withdraw from membership in the EU, with a particular focus on international trade issues. The book is drawn from a first-of-its-kind seminar taught in the fall of 2016 at Georgetown Law. Legal Aspects of Brexit presents an introductory summary of legal issues raised by Brexit followed by the papers written by the students in the seminar covering a wide array of Brexit dilemmas, ranging from the implications for the border between Ireland and Northern Ireland, to the potential for investor-state disputes, to the status of EU trade agreements with Canada, Korea and the East African Community, to implications for the World Trade Organization (WTO), to Brexit's effect on everything from human rights, to data privacy, to geographical indications, to Scotland, to financial services, to the English Premier League soccer player and more. Each paper explores what EU law, if any, would remain in place in a post-Brexit UK and what the UK can or should do to fill any holes created in their legal framework, along with an analysis of any new or different obligations placed on the EU or its institutions in a post-Brexit world. The book also contains an extensive roadmap to the many sources of information and analysis about Brexit and its implications for the UK, the EU and the rest of the world.

Author : Oonagh E. Fitzgerald,Eva Lein
Publisher : McGill-Queen's Press - MQUP
Page : 354 pages
File Size : 49,8 Mb
Release : 2018-03-31
Category : Political Science
ISBN : 9781928096658

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Complexity's Embrace by Oonagh E. Fitzgerald,Eva Lein Pdf

An unprecedented political, economic, social, and legal storm was unleashed by the United Kingdom's June 2016 referendum to leave the European Union and the government's response to the vote. After decades of strengthening European integration and independence, Brexit necessitates a deep understanding of its international law implications on both sides of the English Channel in order to chart the stormy seas of negotiating and advancing beyond separation. In Complexity's Embrace, international law practitioners and academics from the United Kingdom, Europe, Canada and the United States look beyond the rhetoric of "Brexit Means Brexit" and "no agreement is better than a bad agreement" to explain the challenges that need to be addressed in the diverse fields of trade, financial services, insolvency, intellectual property, environment, and human rights. The authors in this volume articulate, with unvarnished clarity, the international law implications of Brexit, providing policy makers, commentators, the legal community, and civil society with critical information they need to participate in negotiating their future within or outside Europe. Complexity's Embrace explores the many unprecedented questions about the UK's future trading arrangements. Contributors include Thomas Cottier, Armand de Mestral, Oonagh E. Fitzgerald, David A. Gantz, Markus Gehring, Valerie Hughes, Matthias Lehmann, Eva Lein, Dorothy Livingston, Richard Macrory, Luke McDonagh, Marc Mimler, Howard P. Morris, Gabriel Moss, Helen Mountfield, Federico M. Mucciarelli, Joe Newbigin, Colm O’Cinneide, Damilola S. Olawuyi, Christoph G. Paulus, Maziar Peihani, Freedom-Kai Phillips, Stephen Tromans, Diana Wallis, and Dirk Zetzsche.

Author : Benjamin Martill,Uta Staiger
Publisher : UCL Press
Page : 314 pages
File Size : 55,7 Mb
Release : 2018-01-29
Category : Political Science
ISBN : 9781787352766

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Brexit and Beyond by Benjamin Martill,Uta Staiger Pdf

Brexit will have significant consequences for the country, for Europe, and for global order. And yet much discussion of Brexit in the UK has focused on the causes of the vote and on its consequences for the future of British politics. This volume examines the consequences of Brexit for the future of Europe and the European Union, adopting an explicitly regional and future-oriented perspective missing from many existing analyses. Drawing on the expertise of 28 leading scholars from a range of disciplines, Brexit and Beyond offers various different perspectives on the future of Europe, charting the likely effects of Brexit across a range of areas, including institutional relations, political economy, law and justice, foreign affairs, democratic governance, and the idea of Europe itself. Whilst the contributors offer divergent predictions for the future of Europe after Brexit, they share the same conviction that careful scholarly analysis is in need – now more than ever – if we are to understand what lies ahead for the EU. Praise for Brexit and Beyond 'a wide-ranging and thought-provoking tour through the vagaries of British exit, with the question of Europe’s fate never far from sight...Brexit is a wake-up call for the EU. How it responds is an open question—but respond it must. To better understand its options going forward you should turn to this book, which has also been made free online.' Prospect Magazine 'This book explores wonderfully well the bombshell of Brexit: is it a uniquely British phenomenon or part of a wider, existential crisis for the EU? As the tensions and complexities of the Brexit negotiations come to the fore, the collection of essays by leading scholars will prove a very valuable reference for their depth of analysis, their lucidity, and their outlining of future options.' - Kevin Featherstone, Head of the LSE European Institute, London School of Economics 'Brexit and Beyond is a must read. It moves the ongoing debate about what Brexit actually means to a whole new level. While many scholars to date have examined the reasons for the British decision to leave, the crucial question of what Brexit will mean for the future of the European project is often overlooked. No longer. Brexit and Beyond bundles the perspectives of leading scholars of European integration. By doing so, it provides a much needed scholarly guidepost for our understanding of the significance of Brexit, not only for the United Kingdom, but also for the future of the European continent.' - Catherine E. De Vries, Professor in the department of Government, University of Essex and Professor in the department of Political Science and Public Administration Free University Amsterdam 'Brexit and Beyond provides a fascinating (and comprehensive) analysis on the how and why the UK has found itself on the path to exiting the European Union. The talented cast of academic contributors is drawn from a wide variety of disciplines and areas of expertise and this provides a breadth and depth to the analysis of Brexit that is unrivalled. The volume also provides large amounts of expert-informed speculation on the future of both the EU and UK and which is both stimulating and anxiety-inducing.' -Professor Richard Whitman, Head of School, Professor of Politics and International Relations, Director of the Global Europe Centre, University of Kent

Author : Nils Szuka,Karl August Prinz von Sachsen Gessaphe,Juan J. Garcia Blesa
Publisher : Unknown
Page : 128 pages
File Size : 47,5 Mb
Release : 2018
Category : Electronic
ISBN : 3961631492

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Legal Implications of Brexit by Nils Szuka,Karl August Prinz von Sachsen Gessaphe,Juan J. Garcia Blesa Pdf

Author : Tawhida Ahmed,Elaine Fahey
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 44,5 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781789903010

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On Brexit by Tawhida Ahmed,Elaine Fahey Pdf

Timely and engaging, this topical book examines how Brexit is intertwined with the concepts of justice and injustice. Legal scholars across a range of subjects and disciplines utilise a multitude of case studies from consumer law, asylum law, legal theory, public law and private law, in order to explore the impact of Brexit on our ideas of justice. The book as a whole aims to engage with the methodology, lexicon and explicitness of analytical perspectives in relation to Brexit.

Author : Federico Fabbrini
Publisher : Oxford University Press
Page : 359 pages
File Size : 49,7 Mb
Release : 2017
Category : Law
ISBN : 9780198811763

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The Law & Politics of Brexit by Federico Fabbrini Pdf

This work covers the political and legal implications of the United Kingdom's decision to leave the European Union. Structured in four parts, the text covers the background of how Brexit came to be, the implications of Brexit on the constitutional structure of the UK, and also the EU, and finally how the EU project can go forward beyond Brexit.

Author : Patrick J. Birkinshaw
Publisher : Kluwer Law International B.V.
Page : 616 pages
File Size : 49,5 Mb
Release : 2020-01-23
Category : Law
ISBN : 9789041198013

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European Public Law by Patrick J. Birkinshaw Pdf

The sphere of public law is ill-defined and controversial. Taking the broad view that it comprises aspects of (for instance) constitutional principles, good and humane administration, judicial review based on the rule of law, human rights, liability for wrongdoing, public procurement, provision of public services, transparency, social media and protection of privacy – areas that link legal control to broad governmental purposes – the third edition of this established and much-praised work expands its examination of the emergence of European public law from European Union (EU) law (and its European Community and European Economic Community antecedents), the European Convention on Human Rights and the interface of these systems with Member State systems, to include the currently all-important challenge of Brexit. The book explains in detail what European public law is and the context in which laws interact in European societies. Masterfully summarising the debate surrounding the influence of EU and European Convention law on Member State law – particularly that of the United Kingdom (UK) – in a thematic and analytical manner, the author covers the following topics and much more as they persist in the shadow of Brexit: constitutional law and administrative law in the EU and France, Germany and the UK; subsidiarity in the EU and UK devolution; openness, transparency and access to information; national parliaments and scrutiny of EU law; influence of EU law on UK judicial review; access to justice in the light of austerity and government cuts in public expenditure; the future of the UK Human Rights Act; European influence on the law of liability; EU ombudsmen and internal grievance procedures; future relationship between EU and UK domestic law; citizenship and protection of human rights; competition, regulation, public service and the market; the impact of Brexit, the legal consequences of UK withdrawal legislation and European Public Law, the EU-UK written agreements on separation and the political statement’s prospects for a post-Brexit trade deal. Detailed analyses of major cases and legal provisions are featured throughout the book. Given that the effects of Brexit will take decades to unfold, and not only in the UK, this new edition of a classic text will prove to be an invaluable guide to the ever-developing European context of domestic public law. The indelible marks of European integration must be fully understood if we are to understand public law and its future direction. The book will be of enormous assistance to political theorists and scientists and commentators and of immeasurable practical and academic importance in monitoring the future of Europe and its legal relationship with the UK. Academics and students will be rewarded by the detailed analysis of the context in which national laws and European laws interact. Practitioners in the UK, Europe and globally will gain invaluable insight into the laws they use to resolve practical questions of legal interpretation.

Author : Helen Tse
Publisher : Bloomsbury Publishing
Page : 409 pages
File Size : 42,5 Mb
Release : 2017-08-17
Category : Law
ISBN : 9781784519360

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Doing Business After Brexit by Helen Tse Pdf

On 23 June, 2016 the UK voted to leave the European Union. Uncertainly has caused market volatility, illiquidity in property funds, fear amongst individuals and the OECD reported on 11 July, 2016 that the economic shock and disruption delivered by Brexit is on a par with the impact of devastating and unforeseen natural disasters. Doing Business After Brexit: A Practical Guide to the Legal Issues considers the legal issues arising out of Brexit and the immediate and future issues that businesses are likely to face and suggests steps on how to mitigate for any Brexit-related risk. The book starts with an introduction explaining the legal route to achieve a Brexit by triggering Article 50 of the Treaty on the European Union. In the introduction, the potential post-Brexit models which may be adopted are explored and the UK legal landscape post-Brexit looked at helping the reader to understand the complexity of the transitional period and what may change. It then looks at each area pertinent to running a business and looks at the issues that are likely to arise, eg directors' duties, tax, pension schemes, data protection, etc and how they can best be mitigated.Given the uncertainty of what exactly will be negotiated, the book gives suggested appropriate steps that can mitigate risk and take advantage of any opportunities.

Author : Nazaré da Costa Cabral,José Renato Gonçalves,Nuno Cunha Rodrigues
Publisher : Springer
Page : 425 pages
File Size : 46,8 Mb
Release : 2017-12-18
Category : Law
ISBN : 9783319666709

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After Brexit by Nazaré da Costa Cabral,José Renato Gonçalves,Nuno Cunha Rodrigues Pdf

This topical and important book identifies the short to medium-term economic, financial and social consequences of Brexit. Containing perspectives from leading thinkers across legal, economic and financial fields, it considers both the general effect of UK withdrawal on the European integration process, and the specific impact on the free movement of capital, goods and people. Addressing the main areas within both the UK and the EU that can and will be affected by Brexit, including the financial sector, immigration, social rights and social security, After Brexit: Consequences for the European Union will make fascinating reading for all those currently engaged in the study and practice of Law, Economics, Finance, Political Science, Philosophy, History and International Affairs.

Author : Nicola Saccardo
Publisher : Bloomsbury Publishing
Page : 528 pages
File Size : 50,6 Mb
Release : 2021-05-21
Category : Business & Economics
ISBN : 9781526516817

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Tax Implications of Brexit by Nicola Saccardo Pdf

Tax Implications of Brexit is an essential guide for anyone advising businesses trading in either the United Kingdom or the European Union post-Brexit. In two parts, this title provides an in-depth analysis of the tax ramifications of Brexit in both the United Kingdom and EU Member States, helping to identify immediate and future issues that could be faced post-Brexit, and how to mitigate any risks. Part One features subject-specific chapters which deal with the UK statutory regime after 2020 as well as the impact of Brexit on VAT, customs and excise duties and State Aid legislation. Part Two is split into country chapters dealing with the tax implications in the single jurisdictions (the United Kingdom and EU Member States) for cross-border investments between the United Kingdom and the EU and for UK-EU cross-border reorganisations. This book is essential reading for tax professionals advising businesses trading in the United Kingdom or in the European Union, but also tax managers of those businesses. Tax Implications of Brexit includes contributions from Barbara Belgrano, Conor Quigley QC, Julian Ghosh QC, Kelly Stricklin-Coutinho, Nicola Saccardo, Roderick Cordara QC, Timothy Lyons QC and a plethora of highly respected tax experts from EU jurisdictions.

Author : Barry Rodger,Andreas Stephan
Publisher : Routledge
Page : 134 pages
File Size : 53,8 Mb
Release : 2021-07-04
Category : Law
ISBN : 9781351105422

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Brexit and Competition Law by Barry Rodger,Andreas Stephan Pdf

This book provides the first comprehensive analysis of the immediate and likely longer-term consequences of Brexit for the UK’s competition law regime and includes the competition and subsidy control provisions of the EU-UK Trade and Cooperation Agreement. It has been written to be of value to scholars and practitioners of competition law, whilst also providing a useful guide to readers with only limited understanding of competition rules. The book provides a detailed critical discussion of how Brexit impacts on five key aspects of competition policy in the UK: legislation, institutions and cooperation; antitrust rules that prohibit anti-competitive agreements and the abuse of a dominant position; private enforcement, in particular actions for damages; regulation of mergers and acquisitions; and State aid or subsidy control rules.

Author : Jan Walulik
Publisher : Routledge
Page : 134 pages
File Size : 54,6 Mb
Release : 2020-06-30
Category : Aeronautics, Commercial
ISBN : 0367606577

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Brexit and Aviation Law by Jan Walulik Pdf

Brexit and Aviation Law presents the key Brexit-related legal issues for aviation business and administration. The book begins with a discussion of the pieces of legislation that are affected by Brexit and those few that remain untouched. This covers EU primary and derived law, domestic laws, EU third party agreements (including the EEA, the ECAA, vertical agreements, horizontal agreements, aviation safety and security agreements), EU Member States' bilateral air services agreements, the WTO/GATS framework, the ICAO framework, the ECAC framework, the EUROCONTROL framework, the Cape Town Convention, civil liability conventions, aviation security and criminal law conventions. The exact impact of Brexit on particular legal instruments and on their application in and to the UK is explained, as well as on the UK's relations with the EU and third party states.Against this background, a digest of regulatory and institutional problems in the aviation sector is deliberated. This part shows how post-Brexit changes in the legal environment work on regulatory content concerning air services (traffic and transit rights, airline ownership and control, other rights), airport services, fair competition, aviation safety, aviation security, environment protection, air navigation, aerospace manufacturing, aircraft finance, civil liability and aircrew rights. The following chapters point to the corresponding impact of Brexit on administrative and judiciary institutions and proceedings and on legislative business.Lastly, the study deliberates on possible solutions to avoid legal incoherence after the UK withdraws form the EU. This part consists of a commentary on the currently proposed post-Brexit arrangements. It also gives essential guidance to the industry and the authorities on both sides of the Channel as to what to expect and how to prepare for the legal earthquake.