LS401S: THE COMMERCIAL LEGAL IMPLICATIONS OF BREXIT FOR THE UK (2018-2019)

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and concepts derived from the EU Treaty: e.g. policies of enduring relevance post Brexit (EU Competition Law – which is no longer applicable but remains relevant as it may be applied with extraterritorial effect – and the potential relevance of EU Merger law) and also general legal principles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

1st Attempt

• 2000 word essay (25%)
• Exam (75%)

Normally, no resit is available.

There are no assessments for this course.

Will be provided on the assessed essay in accordance with the Law School Feedback Policy.

• 1. Students will be able to understand and evaluate the external aspects of existing EU trading arrangements between the EU and the rest of the world in a legal context.
  2. Students will gain knowledge of the key legal trade options for the UK as it moves from inside to outside of the EU and will be able to critically evaluate the strengths and weaknesses of these trading options
  3. Students will gain understanding of the legal implications of Brexit on pre-existing private law commercial relations that continue after the UK has withdrawn from the EU and will be able to evaluate and critique the probable legal solutions to such si
  4. Students will be able to distinguish between different types of EU law (e.g Treaty Articles, Regulations and Directives) and will be able to explain and assess the legal consequences of the UK’s withdrawal from the EU on the continued application of ea
  5. Students will gain knowledge of debates relating to the various options for the future of the new UK external legal competence following Brexit and will be able to critically assess these options
  6. Students will be able to conduct self-directed research including accurate identification of issue(s) which require researching, retrieval and evaluation of accurate, current and relevant information from a range of appropriate sources including prima
  7. Students will be able to demonstrate intellectual independence including the ability to ask and answer cogent questions about law and legal systems, identify gaps in their own knowledge and acquire new knowledge, and engage in critical analysis and ev