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Legal Aspects of Brexit
Author: Jennifer Hillman, Gary Horlick
Publisher:
ISBN: 0692866035
Pages: 440
Year: 2017-03-20
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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.
Brexit and Financial Services
Author: Kern Alexander, Catherine Barnard, Eilís Ferran, Andrew Lang, Niamh Moloney
Publisher: Bloomsbury Publishing
ISBN: 1509915826
Pages: 224
Year: 2018-01-11
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This timely book examines the legal and regulatory implications of Brexit for financial services. The UK's withdrawal from the EU is likely to have significant market, political, and policy consequences for the UK financial system, for the single market and the euro area, and for the international financial system. As the UK disentangles its financial system from the EU, law will matter to a profound extent. Treaties, legislation, and regulation, at UK, EU, and international levels, and the many dynamics and interests which drive them, will frame and shape the ultimate settlement between the UK and the EU, as well as how the EU financial system develops post-Brexit and how the international financial system responds. Written by leading authorities in the field, this book addresses and contextualises the legal, regulatory, and policy issues across five dimensions, which correspond to the major legal spheres engaged: financial regulation implications and market access consequences for the UK financial system; labour law and free movement consequences for the UK financial system; the implications internally for EU financial governance and the euro area; the implications and relevance of the EEA/EFTA financial services market; and the trade law and World Trade Organization law implications.
The Law & Politics of Brexit
Author: Federico Fabbrini
Publisher: Oxford University Press
ISBN: 0192539795
Pages: 400
Year: 2017-10-12
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The decision by the people of the United Kingdom to vote in a referendum in June 2016 to leave the European Union has produced shock-waves across Europe and the world. Brexit calls into question consolidated assumptions on the finality of the EU, and simultaneously sparks new challenges. These new challenges are not only in regard of the constitutional settlements reached in the UK, notably in Scotland and Northern Ireland, but also on the future of European integration. Now that Article 50 of the Treaty on the European Union has been invoked, and the path towards full withdrawal by the UK from the EU remains clouded in uncertainties, a comprehensive legal and political analysis of how Brexit impacts on UK and the EU appears of the utmost importance. This book brings together leading lawyers, economists and political scientists to discuss the constitutional implications of Brexit and propose possible solutions for the way forward. The book is structured around four main themes. First, it considers how Brexit will be implemented legally and politically, in terms of the withdrawal and the possible new relations between the UK and the EU. Second, it examines the implications of Brexit on the constitutional structure of the UK, as well as on the status of Northern Ireland and the relations with the Republic of Ireland. Third, it examines the implications of Brexit on the constitutional structure of the EU, focusing on a number of key areas of EU policy-making, notably the Area of Freedom Security and Justice, the Single Market, and Economic and Monetary Union. Fourth and finally, the book looks into the mid to long term future, and discusses the prospects for relaunching the EU after and beyond Brexit.
Complexity's Embrace
Author: Oonagh E. Fitzgerald, Eva Lein
Publisher: McGill-Queen's Press - MQUP
ISBN: 1928096646
Pages:
Year: 2018-03-31
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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.
The UK After Brexit
Author: Michael Dougan
Publisher: Intersentia
ISBN: 1780684711
Pages: 300
Year: 2017-06-30
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The UK after Brexit is the result of a cooperation between a group of leading academics from top institutions in the UK and beyond. It offers students, practitioners and scholars an authoritative, informative and thought-provoking series of analyses of some of the key challenges facing the UK legal system in and through the process of 'de-Europeanisation' - that is, in and through 'Brexit'.
Doing Business After Brexit
Author: Helen Tse
Publisher: Bloomsbury Publishing
ISBN: 1784519367
Pages: 408
Year: 2017-08-17
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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.
Brexit Time
Author: Kenneth A. Armstrong
Publisher: Cambridge University Press
ISBN: 1108415377
Pages:
Year: 2017-06-08
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This book takes, as its end point, the triggering of Article 50.
After Brexit
Author: Nazaré da Costa Cabral, José Renato Gonçalves, Nuno Cunha Rodrigues
Publisher: Springer
ISBN: 3319666703
Pages: 425
Year: 2017-12-18
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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.
Brexit, Language Policy and Linguistic Diversity
Author: Diarmait Mac Giolla Chríost, Matteo Bonotti
Publisher: Springer
ISBN: 3319787268
Pages: 84
Year: 2018-05-08
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This book argues that Brexit will wholly re-shape the legal framework and public policy norms relating to linguistic diversity that have dominated public life in the UK and the EU since the Treaty on European Union in 1993. First, Brexit de-anchors the linguistic actors engaged with sub-state nationalisms in the UK (in Northern Ireland, Wales and Scotland) from the ethno-linguistic imaginary of the so-called ‘Europe of the regions’. This strengthens the case both for the de jure recognition of English as the official language of the UK and for embedding autochthonous minority language rights and freedoms in a transformed UK constitution. Second, Brexit strengthens the normative case for English as the lingua franca of the EU, by reducing the injustices associated with the rise of English as the EU and global lingua franca. The book will appeal to students and scholars across the fields of political science, political theory, law, language policy and planning, and sociolinguistics.
Brexit and Beyond
Author: Benjamin Martill, Uta Staiger
Publisher: UCL Press
ISBN: 1787352765
Pages: 312
Year: 2018-01-29
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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
Research Handbook on Legal Pluralism and EU Law
Author: Gareth Davies, Matej Avbelj
Publisher: Edward Elgar Publishing
ISBN: 1786433095
Pages: 448
Year: 2018
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The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.
The Environmental Case for Brexit
Author: Ben Pontin
Publisher: Hart Publishing
ISBN: 1509920897
Pages: 160
Year: 2019-02-21
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The recent Brexit debates present leaving the European Union largely as a threat to environmental protection, and to environmental law. This exciting and important new work argues that Brexit represents a real opportunity for environmental protection in the United Kingdom, freeing it from a pan European framework not necessarily fit for UK domestic purposes. Central to the argument is the belief that environmental protection, in the United Kingdom, can most effectively be pursued through established domestic institutions, looking inwards at 'local' challenges and outwards at more global ones, all the while drawing on considerable historical experience. The book is designed to address rather than dismiss those concerns raised by environmental lawyers after the outcome of the referendum. Provocative and compelling, it offers an alternative vision of the UK environmental law framework outside of the European Union.
Brexit
Author: David Allen Green
Publisher: Oxford University Press, USA
ISBN: 0198799438
Pages: 208
Year: 2017-05-27
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In the referendum of 23 June 2016, the UK voted to leave the European Union. However, in constitutional terms, nothing has changed. The Leave side won but Brexit has not been triggered. The UK remains a member of the EU. No formal negotiations have been held; no exit terms have been decided.Despite demands by leading EU figures, the EU cannot force the UK to send the formal Article 50 notification that would begin the process of leaving. It is even conceivable that no notification will ever be sent. The UK's prime minister has declared that "Brexit means Brexit" - but the UK governmentis struggling to grapple with the problems of Brexit, and there is no obvious way out.How did this situation come about? What options does the UK now have? What does a Brexit mean for the UK and the EU, and for the UK's crucial relationships with overseas partners such as the US? This book offers an accessible and unbiased guide to Brexit: the issues and events that led to the vote, the political turmoil that has resulted from it, and the crisis the UK now faces. It examines key debates over "sovereignty", immigration, and UK contributions to the EU, which led to the Leavevote. It explains the controversy surrounding Article 50 of the EU treaty: what is the process necessary for leaving the EU, and how might the UK approach the monumental task of disentangling its legal system from the EU? It scrutinises the exit strategies being weighed up the UK government, and thefraught negotiations over free movement of people and access to the single market. What might the exit agreement look like? What are the implications of "hard" Brexit or "soft" Brexit - or no Brexit at all? The book is a key reference for anyone seeking to understand the important and complex issuesof Brexit, and its wide-ranging consequences.
Brexit
Author: Ian Dunt
Publisher: Brexit: What the Hell Happens Now?: Everything You Need to Know About Britain's Divorce from Europe
ISBN: 0995497826
Pages: 192
Year: 2016-11
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Brexit
Author: Steve Peers
Publisher: Hart Pub Limited
ISBN: 1849468745
Pages: 240
Year: 2017-05-04
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There is no doubt that the current scrutiny and debate on the UK relationship with the European Union has seen the topic dominate the political landscape. Though the debate about withdrawal or renegotiation will be a primarily political and economic one, either outcome would be defined in substance by a legal process. Inevitably, the answers to key political and economic question will be dependent upon the legal framework. This book will offer a close examination of the legal issues at the core of the UK's relationship with the EU to show how they will inform and influence that relationship's future evolution. Written by one of the key commentators in the field, it will appeal to academics and practitioners. In addition, given the importance and topicality of the subject, it should also appeal to a non-legal readership.