LX401S: THE COMMERCIAL LEGAL IMPLICATIONS OF BREXIT FOR THE UK (2019-2020)

The course will consist of an introductory lecture of 2 hours followed by six 2 hour seminars and concluding with a 2 hour revision lecture.

It is envisaged that the seminars on this course could include the following representative topics (N.B. it is assumed that Article 50 TEU will already have been triggered before the course starts).

1. Appreciating the existing external trading arrangements between the UK while part of the EU and the rest of the world: e.g. The EU's common customs tariff, EU anti-dumping rules, EU negotiated trade agreements, the EU and its relationship to the World Trade Organisation (WTO).
2. Evaluating the pros and cons of different legal forms that Brexit might take: e.g. the EEA / EFTA option, the Swiss Model, the 'pure' WTO rules option or a new UK model form. The re-emergence of the UK's external competence.
3. Assessing the legal challenges of Brexit for commercial arrangements and commercial legal relationships that continue in existence after the date of the formal Brexit.
4. Considering the changes that the different forms of Brexit will bring to existing legal policies, rights and concepts derived from the EU Treaty: e.g. policies of enduring relevance post Brexit (EU Competition Law – which is no longer applicable but remains relevant as it may be applied with extraterritorial effect – and the potential relevance of EU Merger law) and also general legal principles derived from interventions by the CJEU (e.g. State Liability, non-discrimination, effectiveness, and proportionality). 
5. Assessing the changes that the different forms of Brexit will bring to legal rights derived from:
• directly applicable EU Regulations that are not implemented in the UK's legal systems via domestic law: e.g. EU private international law plus current and future international alternatives.
• EU Directives that have been implemented in UK legal systems via domestic laws.   

Information on contact teaching time is available from the course guide.

More Information about Week Numbers

There are no assessments for this course.