Volume 52
Issue
3
Date
2021

Brexit – The Legal Intracacies in Rolling Over EU PTAs

by Girish Deepak

Considering the severe impact of Brexit on the United Kingdom’s trade regulatory mechanism, the focus of most scholarly work has been on the structure and possibility of concluding a deal with the European Union to regulate trade once the United Kingdom leaves the European Union. Since this forms the bulk of the United Kingdom’s trade, it is understandable that the primary focus has been on concluding these negotiations. However, equally important to this exercise would be the replication of the EU’s existing agreements with third party countries. This exercise of rolling over EU treaties has received comparatively less scholarly attention, which is what this research attempts to remedy.

Considering the number of such agreements which need to be replicated, this Article focuses on the key treaty negotiation issues that the United Kingdom may face and suggests a structured negotiation strategy that the United Kingdom could follow while forming these roll-over arrangements. This is di-vided primarily into two categories of general modifications and substantive modifications. Following this exercise of studying the current strategies, the research suggests potential areas of improvement, including in the GSP regime. This exercise is crucial to achieve some of the highly publicized gains of Brexit, so that some benefits may be reaped finally from this otherwise expensive divorce.

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