brexit – Page 5 – University of Bristol Law School Blog

Brexit and private international law

Posted on July 6, 2016March 15, 2021 by legalresearch

By Prof Jonathan Hill, Professor of Law (University of Bristol Law School).

It is unlikely that many voters, when deciding how they would vote in the recent EU referendum, would have given any thought to the implications of Brexit for private international law in the United Kingdom. Nevertheless, Brexit is likely to have profound consequences in this (admittedly) complex and specialist field. The greatest effect will be felt in the commercial arena: in the context of cross-border litigation, for example, the EU has established, in civil and commercial matters, a common framework for the jurisdiction of national courts, the determination of the applicable law and the reciprocal recognition/enforcement of judgments granted by Member State courts. Brexit will also take the United Kingdom out of the EU-wide systems for the allocation of divorce jurisdiction and the mutual recognition of divorces and nullity decrees. (more…)

Race, Heritage and Epistemic Violence: What Brexit is for Africa and British-Africans

Posted on July 5, 2016July 12, 2016 by legalresearch

By Dr Foluke Ifejola Ipinyomi, Teaching Associate (University of Bristol Law School).

In my personal blog, I examined in detail why many British-African voted Leave. It is my contention that the campaign failed to address the concerns of African citizens of the Commonwealth and those of African descent living in the UK. This was quite a considerable section of the electorate whose concerns were ignored or presumed. In fact some members of the Leave campaign petitioned to have this section removed from eligibility to vote, presuming that they would vote to Remain in the EU. Personally, I had an interesting time trying to counter presumptions made by various African friends about why they wanted the UK to leave the EU. I do wish I had said more when there was still time, but no one expects the unexpected. Ultimately, Africans voting to leave the EU was the result of badly run campaign, an enormous amount of misinformation and a glaring disregard of the history of Africa-Europe relations. The two primary issues that should have been addressed with regard to British-Africans were immigration and financial concerns. (more…)

The Human Rights Implications of Brexit

Posted on July 1, 2016July 12, 2016 by legalresearch

By Prof Steven Greer, Professor of Human Rights (University of Bristol Law School).

At this stage, the only firm conclusion which can be drawn about the human rights implications of Brexit is that they are likely to be uncertain for many years to come – for the UK, for the soon-to-be 27-member European Union, and for the 47-member Council of Europe, the parent body of the European Convention on Human Rights and the European Court of Human Rights, the so-called ‘Strasbourg institutions’. Taking each of these in turn, let us consider the UK first. (more…)

Brexit may have negative effects for the control of public expenditure, particularly regarding subsidies to large companies

Posted on June 28, 2016June 28, 2016 by legalresearch

By Dr Albert Sanchez Graells, Senior Lecturer in Law (University of Bristol Law School).

In the current state of turmoil, it is difficult to speculate on the exact relationship between the EU and the UK that can result from the Brexit vote and the future negotiations to be held under Article 50 TEU, in case it gets triggered. However, in order to contribute to the debate of what that relationship should look like in the interest of taxpayers in the UK, it is important to consider the implications that a post-Brexit deal could have in terms of the potential disappearance of the EU rules applicable to the control of how public funds are spent. A reduction in the control mechanisms applicable to certain types of public expenditure could indeed diminish the effectiveness of policies funded by taxpayers in the UK and create shortcomings in public governance more generally. (more…)

The law and politics of withdrawal from the EU

Posted on June 27, 2016June 27, 2016 by legalresearch

By Dr Phil Syrpis, Reader in Law (University of Bristol Law School).

On Thursday June 23, the people had their say. Over 17 million Britons voted to leave the EU. The outcome was clear, and should be respected.

Nevertheless, the future is shrouded in uncertainty. Months of campaigning failed to produce good answers to what have become urgent questions. The uncertainty relates both to the mechanism of withdrawal, and to the terms of any withdrawal agreement and future trade agreement with the EU. As no Member State has ever withdrawn from the EU, there are no relevant precedents. This is uncharted territory; these are interesting times. (more…)

Brexit: A climactic decision?

Posted on June 22, 2016June 17, 2016 by legalresearch

By Ms Chris Willmore, Reader in Sustainability and Law (University of Bristol Law School).*

With the Referendum being imminent, the Environment has singularly failed to make itself an issue in the BREXIT debate. Yet it is impossible to explore any aspect of environmental law in the UK without encountering European Law. It is therefore no surprise that environmental lawyers and environmental groups have been queuing up to express concerns about the implications of BREXIT – Margherita Piericcini’s Cabot Institute blog on the impact on wildlife and habitats is an example.

So why has the environment not become a key issue? I attended the All-Party Parliamentary Climate Change Group’s event ‘A Climactic Decision: Brexit’s impact on the UK’s climate and environment’ at the Houses of Parliament earlier this month in the hope of finding out why. (more…)

UK Trade after Brexit: Is the WTO a suitable alternative?

Posted on June 21, 2016June 13, 2016 by legalresearch

By Dr Clair Gammage, Lecturer in Law (University of Bristol Law School).

As a regional integration lawyer, I have become increasingly concerned about the arguments put forward by both camps in the Brexit debate which, in my opinion, overlook the complexity of international trade. As the world has become increasingly multilateralised, the power base has shifted from the traditional “sovereign State” toward international institutions and regional organisations. States are no longer the only governing organisations in the international order.

We are witnessing the proliferation of regional trading arrangements and the EU has been a leader in the regional project. Regionalism is the coming together of a group of countries that may or may not be geographically proximate for a common purpose – usually, trade. While the Southern African Customs Union (SACU) is the oldest regional arrangement, the EU is perhaps the best known because of its relative success at economic, political and social integration. The EU remains the biggest global economy and a world leader in the liberalisation of commercial services and investment. Alongside the US, the EU is the largest trade partner for almost every other country in the multilateral trading system. It is a highly diverse and competitive market, and one which is very attractive as a region to other countries.

If the UK votes to leave the EU on 23 June, what will happen to our existing trade deals? The first issue to be addressed is leaving the EU, which is a type of preferential trade agreement in itself: a customs union. Article 50 of the Lisbon Treaty provides the legal basis for exiting the customs union. However, what is not accounted for is the impact that leaving the customs union will have on the concessions the UK currently enjoys by being part of the EU. When the World Trade Organisation (WTO) was created in 1995, the UK had been a part of the negotiations in the preceding Uruguay Round, albeit as part of the EU. In this regard, it is difficult to assess what concessions might be agreed for individual UK membership if Brexit becomes a reality. Negotiations for new concessions and market access might need to be approved by other WTO Members, and their agreement to such a schedule of concessions might not be forthcoming. (more…)

Legal implications of Brexit on UK Defence Procurement

Posted on June 20, 2016June 13, 2016 by legalresearch

By Dr Luke Butler, Lecturer in Law (University of Bristol Law School).*

Defence procurement may not be at the top of the Brexit agenda but it has courted some controversy in the press.[1] It has also been considered as part of the broader arguments about the impact of Brexit on the UK’s defence and security posture. [2] This blog hones in on a more mundane but no less important issue: what, if any, are the implications of Brexit for the legal regulation of defence procurement? There are at least two good reasons why it is useful to consider the legal position. Firstly, defence procurement, like public procurement, is now firmly within the legal remit of EU public procurement Directives. There is already an emerging discourse on the implications of Brexit for public sector procurement regulation; a perspective on defence procurement adds a further contribution.[3] Secondly, as will be discussed, the UK’s defence acquisition as a whole is undergoing unprecedented domestic reform. My ongoing research examines defence procurement regulation as part of this systemic whole and which is likely to be impacted by any change to the regulatory environment. (more…)

Would A Brexit Significantly Change The Way The English Public Sector Buys Supplies And Services?

Posted on June 17, 2016June 13, 2016 by legalresearch

By Dr Albert Sanchez-Graells, Senior Lecturer in Law (University of Bristol Law School).

With a few days to go for the all important UK referendum on EU membership, it may be worth focusing the analysis on one of the issues that can affect trade between the UK and the EU to a very large extent: that is, the regulation of public contracts.

There has been some serious thought put into the potential implications of Brexit for the ways in which the UK public sector buys supplies and services—or, in technical terms, on the Brexit implications from a public procurement perspective. Academics, such as Dr Pedro Telles, and practitioners such as Michael Bowsher QC, Peter Smith, Roger Newman or Kerry Teahan have started to reflect on the likely consequences from a legal and business case perspective. (more…)

Brexit and collective labour rights

Posted on June 16, 2016June 13, 2016 by legalresearch

By Prof Tonia Novitz, Professor of Labour Law (University of Bristol Law School).*

There has been considerable concern expressed regarding the employment rights that British workers would lose by virtue of Brexit. But this is not straightforwardly the case in respect of collective labour rights. Although European Union (EU) directives offer some protection of collective labour rights, national trade union freedoms regarding collective action have arguably been undermined (rather than bolstered) by EU hard and soft law. This means that the worker and trade union case for resisting Brexit remains complicated. While the over-arching aim is to stay in the EU for the sake of many individual and some collective worker entitlements, reform remains on the agenda.

Significant collective labour rights could be lost should Brexit occur and the UK remove itself from the established social pillar of legislation established under EU law. EU directives protect information and consultation rights concerning redundancies and transfers of undertakings, as well as provide for collective representation through European works councils and in European companies. Further, collective agreements may shape the domestic application of EU norms such as working time or provide the basis for entitlements at work such as those for posted workers or workers taking parental leave. However, this is not the only possible narrative regarding collective labour rights in the EU. (more…)