The UK after Brexit : legal and policy challenges
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The UK after Brexit : legal and policy challenges
Intersentia, c2017
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Description and Table of Contents
Description
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.' It provides discursive exploration of key issues and themes for reflection and debate within multiple areas of law, broadly divided into three main areas of interest: constitutional concerns, such as the relationship between Parliament and the Executive, the relevance of devolution, and the impact on the courts; substantive topics including employment law, environmental law, financial services, intellectual property, and criminal cooperation; and issues regarding the UK's external relations, for example its relations with the EU, membership of the World Trade Organisation, ingredients for creating UK trade policy and bilateral investment policy, and international security (the UN, NATO, and more). The structure of this work is specifically designed to offer the clearest presentation of these analyses and constitute a critical, comprehensive resource on the effects of de-Europeanisation on the UK legal system. These analyses will remain relevant over time-not only as the withdrawal process unfolds, but well into the future as the UK reorientates its legal system to new internal and external realities. [Subject: UK Law, European Law, Brexit, Trade Law, Constitutional Law, Comparative Law]
Table of Contents
List of Authors - xi
Editor's Introduction - Michael Dougan - 1
1. About this Book - 1
2. On the Importance of the Academic Contribution to Better Public Understanding - 6
3. Acknowledgements - 11
PART I. CONSTITUTIONAL ISSUES
Chapter 1. Brexit: The Relationship between the UK Parliament and the UK Government - Michael Gordon - 15
1. Introduction - 15
2. The Nature of the Relationship between the UK Parliament and the UK Government - 17
3. Brexit: The UK Constitutional Process - 19
4. Complexities for Parliament and the Government - 22
5. Major Challenges ahead for Parliament and the Government - 27
6. Conclusion: Tensions in the Constitutional Process of Brexit - 31
Chapter 2. Devolution - Jo Hunt - 35
1. Introduction - 35
2. UK Regions and their Relationships with and within the EU - 38
3. The Devolution Settlements Following EU Withdrawal - 45
4. Conclusion - 51
Chapter 3. The `Brexit' Threat to the Northern Irish Border: Clarifying the Constitutional Framework - Michael Dougan - 53
1. Introduction - 53
2. The Physical Border for Goods: The Northern Irish Border as a Customs Frontier - 56
3. The Physical Border for Persons: Maintaining the Common Travel Area? - 60
4. The Question of Mutual Residency Rights: A Non-Physical Border, but still a Crucial One ... - 68
5. Conclusions - 70
Chapter 4. Brexit and UK Courts: Awaiting Fresh Instruction - Thomas Horsley - 73
1. Introduction - 73
2. The Current Framework: The ECA as `Constitutional Instruction' to UK Courts - 75
3. The GRB and UK Courts: Two Models for Change - 79
4. Brexit and UK Courts: Process and Institutional Impact - 85
5. Concluding Remarks - 90
6. Postscript - 92
Part II. SUBSTANTIVE POLICIES
Chapter 5. Brexit and Employment Law - Catherine Barnard - 97
1. Introduction - 97
2. What Does it Mean that EU-Derived Workers' Rights will Continue to Apply to the UK? - 100
3. What Role will Decisions of the Court of Justice Play Post-Brexit? - 108
4. What about the Opportunities for Workers Promised by Theresa May? - 110
5. What if there is No Deal? - 113
6. Conclusions - 114
Chapter 6. UK Environmental Law Post-Brexit - Veerle Heyvaert and Aleksandra Cavoski - 115
1. Introduction - 115
2. Areas of UK Environmental Law that will be Impacted by Brexit - 116
3. Prospects for EU-UK Law and Policy Cooperation Post-Brexit - 118
4. The Great Repeal Act and its Likely Consequences for UK Environmental Law - 120
5. Devolution before and after the Great Repeal Act - 123
6. UK Environmental Law after Brexit - 125
7. Conclusion: Post-Brexit Challenges for Environmental Law - 133
Chapter 7. Extracting the UK from EU Financial Services Governance: Regulatory Recasting or Shadowing from a Distance? - Niamh Moloney - 135
1. Introduction - 135
2. EU Financial Governance and the UK: A Clamp on Autonomy or Room to Innovate? - 136
3. Risks to UK Financial Governance and the Post-Brexit UK Governance Agenda - 146
4. Recasting UK Financial Governance - and Related Frictions - 151
5. Conclusion - 158
Chapter 8. Intellectual Property Law and Brexit: A Retreat or a Reaffirmation of Jurisdiction? - Luke McDonagh and Marc Mimler - 159
1. Introduction - 160
2. The Integration of European IP Law - 160
3. Conclusion - 179
Chapter 9. May We Stay? Assessing the Security of Residence for EU Citizens Living in the UK - Stephanie Reynolds - 181
1. Introduction - 181
2. Union Citizens' Current Residence Rights in the UK Under EU Law - 183
3. May We Stay? Speculating on the Retention of Residence Rights in the Absence of Government Guidance - 184
4. Can We Stay? Ensuring Meaningful Residence and the Reciprocity Distraction - 194
5. Conclusion - 201
Chapter 10. Cross-Border Criminal Cooperation after Brexit - Valsamis Mitsilegas - 203
1. Introduction - 203
2. Criminal Justice Cooperation in Europe's Area of Freedom, Security and Justice - 204
3. The Impact of Brexit on Domestic Criminal Justice and Security - 207
4. The Legal Position of the UK after Brexit - 216
5. Conclusion - 221
PART III. EXTERNAL RELATIONS
Chapter 11. Membership of the World Trade Organization Gregory Messenger - 225
1. Introduction - 225
2. UK Membership at the WTO - 227
3. Membership of the WTO within the UK - 236
4. Conclusions - 244
Chapter 12. UK Trade Policy - Marise Cremona - 247
1. Setting the Scene: What is Trade Policy? - 247
2. Existing EU Trade Agreements - a Possible Continuity Strategy - 251
3. Preferential Trade Agreements - 253
4. Mutual Recognition Agreements - 259
5. Autonomous Trade Measures - 260
6. The Multilateral Trading System and Global Trade Environment - 261
7. Trade and Politics - 262
8. Timing and Sequencing - 264
Chapter 13. UK Foreign Investment Protection Policy Post-Brexit - Mavluda Sattorova - 267
1. Introduction - 267
2. Legal Significance of UK International Investment Agreements - 268
3. Telos: Why Sign Investment Treaties? - 277
4. Process: The Importance of Transparent, Inclusive and Participatory Investment Treaty-Making - 282
5. Conclusion - 285
Chapter 14. Brexit and International Peace and Security: A Crisis for Crisis Management? - Christian Henderson - 287
1. Introduction - 287
2. The United Nations - 288
3. The North Atlantic Treaty Organisation - 292
4. The European Union - 295
5. Conclusion - 302
Chapter 15. Brexit and Relations between the EU and the UK - Paul Craig - 305
1. Withdrawal - 306
2. Trade - 309
3. Security - 322
4. Conclusion - 324
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