The Routledge Handbook on the International Dimension of Brexit

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Cover Half Title Series Page Title Page Copyright Page Table of Contents Notes on contributors Acknowledgements 1 The implications of Brexit for EU and UK external relations: an introduction 1.1 Introduction 1.2 Aim of the book 1.3 Structure of the book Notes Part I The framework for the future relationship between the EU and the UK 2 Towards the formulation of the ‘Brussels criteria’: the values and principles underlying EU withdrawal and their application in future contexts 2.1 Introduction 2.2 An ‘orderly withdrawal’: the foundational concept 2.3 Decision to withdraw 2.4 Principles of negotiations 2.5 Withdrawal Agreement 2.6 Conclusion Notes 3 In the twilight zone: the transition period in the Withdrawal Agreement 3.1 Introduction 3.2 From subject to object: a status quo transition? 3.3 In the twilight zone: exploring the difference 3.4 Legality: the right to vote 3.5 Transition extension 3.6 Conclusion Notes 4 Parliamentary involvement in the negotiations on the EU–UK trade agreement 4.1 Introduction 4.2 A comprehensive framework for EU–UK relations or a standard trade agreement? 4.3 The position of the European Parliament 4.4 Provisional application, conclusion and the role of national parliaments 4.5 The position of the UK Parliament in negotiations on the EU–UK agreement 4.6 Conclusions Notes 5 EU withdrawal law after Brexit: the emergence of a unique legal procedure 5.1 Introduction 5.2 The role of the European institutions and their impact on the withdrawal process 5.3 The legal status of a withdrawing Member State 5.4 Conclusions Notes Part II Brexit and existing EU international agreements 6 Managing Brexit: trade agreements binding on the UK pursuant to its EU membership 6.1 Introduction 6.2 The status of the EU’s trade agreements and Brexit 6.3 The status of the existing trade agreements under the Withdrawal Agreement 6.4 Rollover agreements: carrying over the theme of continuity (or what to do until we have decided what to do) 6.5 Conclusion Notes 7 Come fly with me? Brexit and air transport 7.1 Introduction 7.2 Issues at stake 7.3 Air transport competences 7.4 Contingency measures related to air transport 7.5 Concluding remarks Notes 8 Outside the opt-out: legal consequences of the UK’s withdrawal from the EU for external action in the AFSJ 8.1 Introduction 8.2 Legal effects of Brexit on international agreements concluded by the EU in the AFSJ 8.3 The UK’s external margin of manoeuvre before effective withdrawal from the EU 8.4 Concluding remarks Notes 9 Copy–pasting or negotiating? Post-Brexit trade agreements between the UK and non-EU countries 9.1 Introduction 9.2 The big picture: where are we now? 9.3 A closer look: post-Brexit agreements with Georgia and Kosovo 9.4 Conclusions Notes Part III International organizations and EU diplomacy after Brexit 10 EU–UK relations at the WTO: towards constructive creative competition 10.1 Introduction 10.2 The story so far 10.3 Life at the WTO 10.4 Conclusion Notes 11 Brexit and its implications for the EU in the UN Security Council 11.1 Introduction 11.2 The UK’s permanent seat on the UNSC and why it matters in the post-Brexit debate 11.3 Treaty mechanisms for EU ‘actorness’ at the UNSC 11.4 The Political Declaration on the future relationship 11.5 Recent dynamics of EU Member States’ practice in the UNSC 11.6 Towards an EU permanent seat? 11.7 Concluding remarks Notes 12 EU diplomacy after Brexit 12.1 Introduction 12.2 The downsizing of the EU diplomatic network 12.3 Coordination of the EU diplomatic network after Brexit 12.4 Consular protection in third states after Brexit: consular démarches … 12.5 … and assistance to unrepresented EU citizens 12.6 Protection of EU individuals in the UK 12.7 Conclusion Acknowledgements Notes 13 Brexit and fisheries: international law issues, participation in RFMOs, reciprocal access and the future 13.1 Introduction 13.2 Background 13.3 The situation in the absence of an international agreement (‘no deal’) 13.4 Fisheries in the Withdrawal Agreement 13.5 The impact of Brexit on different categories of international agreements 13.6 Conclusion: the future Acknowledgements Notes Part IV Common foreign, security and defence policy after Brexit 14 Post-Brexit participation of the UK in EU foreign, security and defence policy 14.1 Introduction 14.2 Legal institutional possibilities and obstacles 14.3 The Withdrawal Agreement 14.4 Third country participation in CFSP 14.5 Third country participation in CSDP 14.6 Conclusion Acknowledgements Notes 15 UK sanctions policy after Brexit: from dependence to autonomy? 15.1 Introduction 15.2 The UK’s obligations under the withdrawal agreement in the field of CFSP during the implementation period 15.3 The adaptation of the UK legal order to EU sanctions law 15.4 Parallel sanctions by default for the UK or an autonomous sanctions policy? 15.5 The SAMLA and the right to effective judicial protection 15.6 Conclusions Notes 16 EU sanctions policy and the alignment of third countries: relevant experiences for the UK? 16.1 Introduction 16.2 The UK’s sanctions policy after Brexit: implications of the withdrawal agreement 16.3 The practice of alignment of non-EU countries with EU sanctions regimes: a possible way forward after Brexit? 16.4 Future cooperation in sanctions policy between the EU and the UK 16.5 Concluding remarks Notes 17 EU crisis management operations and international responsibility post-Brexit 17.1 Introduction 17.2 Crisis management and the complexity of applying the principles of international responsibility 17.3 Crisis management and the adjudication of international responsibility 17.4 Conclusion Notes Part V Brexit and specific international arrangements 18 Brexit and EU agencies: opting-in from the outside? 18.1 Introduction 18.2 EU agencies in the EU’s institutional landscape 18.3 The EU’s policy and legal framework enabling third country participation in EU agencies 18.4 Third European countries in EU agencies: four participation categories 18.5 Conclusions: reconciling the UK’s vision and wishes with the EU’s existing framework of participation Notes 19 Disentangling the UK from EU environmental agreements after Brexit: the challenges posed by mixed agreements and soft law 19.1 Introduction 19.2 Disengaging from multilateral environmental agreements 19.3 On soft law 19.4 Final remarks Acknowledgements Notes 20 The future of judicial cooperation in criminal matters between the EU and the UK 20.1 Introduction 20.2 The role of the UK in the development of judicial cooperation within the EU 20.3 The legal regime applicable until the end of the transition period 20.4 Lessons learned from existing EU external cooperation 20.5 Possibilities envisaged by both parties 20.6 Guidance from EU external relations law Notes Part VI Contested and external effects of Brexit 21 The implications of the Withdrawal Agreement for Gibraltar: is Spain taking back control? 21.1 Introduction 21.2 The status of Gibraltar in international law and EU law 21.3 The implications of the Protocol on Gibraltar and the Memoranda of Understanding agreed between Spain and UK 21.4 Gibraltar and the territorial application of the Withdrawal Agreement 21.5 The debate on the amendment of the visa regulation 21.6 Conclusions Acknowledgements Notes 22 Brexit and international legal sovereignty 22.1 Introduction 22.2 The UK and areas of contested sovereignty 22.3 Conclusion Notes 23 The cross-channel reach of EU law in the UK post-Brexit 23.1 Introduction 23.2 Global governance perspectives: on rule-taking and rule-making 23.3 Law and EU IR: on the taking and receiving of EU law internationally 23.4 Political economy: the reach of EU rules in trade agreements with third parties 23.5 EU human rights law ‘in’ international agreements: non-regression clauses, essential elements and conditionality in EU FTAs 23.6 The UK’s view of the reach of EU law 23.7 Conclusions Notes Index