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Brexit: The Legal Implications

Brexit: The Legal Implications

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789041195401
  • Published In: November 2018
  • Format: Hardback
  • Jurisdiction: European Union ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Author 
  • Details

    Brexit: The Legal Implications brings to notice the challenges, options, opportunities and possibilities that Brexit may bring in the legal areas. If Brexit comes to pass, what changes in the United Kingdom (UK) legal system will the world face when dealing with the UK? The contributors to this penetrating new collection of studies – a worthy successor to the widely read pre-referendum Britain Alone! – bring a prodigious level of expert scrutiny to the myriad of ramifications of this hugely complex subject. This book gathers together experts from different fields of legal practice and academia not only to discuss the ongoing negotiations but also – and most valuably – to highlight and address the legal implications of possible scenarios and solutions for a post-Brexit UK and European Union.

    What’s in this book:

    With topical chapters based on the Brexit Seminar Series held by the Centre of European Law at King’s College, the contributors examine the likely effects of the Brexit process in such areas as the following:

    • constitutional and administrative law;
    • the European Economic Area and the European Free Trade Association;
    • EU State aid;
    • the Irish border;
    • the fall-back position of the WTO rules should no agreement be achieved;
    • banking law, financial services and capital markets;
    • debt restructuring and insolvency practice;
    • environmental issues;
    • private international law;
    • tax;
    • citizenship;
    • social security; and
    • residence rights, especially considering women and children.

    How this will help you:

    Due to the unprecedented event that Brexit represents, there is an insatiable need for knowledge and technical detail as to its possible legal implications. This book establishes the required literature in this regard and thereby helps the readers in comprehending what lies ahead. In its thorough analysis of the ongoing Brexit process and the technical understanding of the meaning of Brexit for several substantive areas of law, this book offers a solidly grounded and revealing exploration of the future that is particularly enlightening in explaining the challenges that the UK legal order is facing as a consequence of Brexit.

  • Editors

    Contributors

    Editors’ Note

    Introduction
    Giuliano Amato

    CHAPTER 1
    Negotiating Brexit and Dissolving the Legal Union
    Patrick J. Birkinshaw

    CHAPTER 2
    The Future Is Not What It Used to Be: Some Reflections on the UK and the EEA
    Dóra Sif Tynes

    CHAPTER 3
    The Swiss Model of European Integration
    Matthias Oesch

    CHAPTER 4
    A Complicated Relationship: The UK in the WTO at the Time of Brexit
    Maria Laura Marceddu

    CHAPTER 5
    Brexit and Ireland/Northern Ireland
    Colin Harvey & Amanda Kramer

    CHAPTER 6
    Differentiated Integration Amongst the EU27: Will Brexit Make the EU More Flexible?
    Maria Kendrick

    CHAPTER 7
    State Control in a Post-Brexit UK
    Andrea Biondi & Elisabetta Righini

    CHAPTER 8
    Brexit and Arbitration
    Renato Nazzini

    CHAPTER 9
    The Impact of Brexit on Debt Restructuring and Insolvency Practice
    Manuel Penades Fons & Michael Schillig

    CHAPTER 10
    Tax Disputes in the UK after Brexit
    Kelly Stricklin-Coutinho

    CHAPTER 11
    Brexit and Direct Taxation
    Phillippe Malherbe

    CHAPTER 12
    Brexit: Consequences for Capital Markets
    Dorothee Fischer-Appelt

    CHAPTER 13
    Corporate Law and Brexit
    Jessica Schmidt

    CHAPTER 14
    Brexit and Communications
    Beniamino Caravita

    CHAPTER 15
    The Impact of Brexit on Competition Law in the United Kingdom
    Kieron Beal QC

    CHAPTER 16
    Britain’s Social Security System: Alone after Brexit?
    Grega Strban

    CHAPTER 17
    Residence Rights after Brexit: Women and Children in the Eye of the Administrative Storm
    Charlotte O’Brien

    CHAPTER 18
    The Future of Environmental Governance in the (Dis-)United Kingdom
    Colin T. Reid

    CHAPTER 19
    Implications of ‘Brexit’ for the Enforcement of Environmental Law in England and Wales
    Robert McCracken QC

    CHAPTER 20
    BREXIT and Environmental Law
    Richard Macrory

    A Coda
    Patrick J. Birkinshaw

    Index

  • Andrea Biondi is Professor of European Union Law and the Director of the Centre for European Law at King’s College London. He is a visiting professor at Bocconi University Milan and Freie Universität Berlin.

    He was previously a visiting professor at the College of Europe in Warsaw, Georgetown University and Universidade Católica Portuguesa of Lisbon. He is an Academic Associate at 39 Essex Chambers in London. From 2015, until January 2017, he was Legal Advisor on EU law matters for the Italian Prime Minister's Office.

    Professor Biondi is on the International Advisory Board of European Public Law, European State Aid Law Quarterly and the European Public Private Partnership Law Review. He is general Editor of the European Monographs Series for Kluwer International.  

    Professor Biondi’s research interests are in European Union law, with particular emphasis on state aid law, trade law and regulation as well as judicial protection of EU rights. He has published extensively on each of these areas. He has provided expert opinion in arbitration proceedings involving EU, State aid and tax law.
     

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