We are now advising on the possible impact of Brexit on these various areas of EU law and potential future UK regulation of these areas both in relation to UK/EU and other international trade.
International trade law has long been an area of single competence of the EU institutions, whether by virtue of participation in the World Trade Organisation or as a result of the EU’s single customs area and through application of the Community Customs Code. The EU single customs area secures that the EU’s external borders to all non EU countries apply a single set of rules to all imports from non EU countries.
Our international trade team has a wealth of experience advising EU manufacturers and non EU exporters alike on the operations of EU trade law.
The UK’s position in relation to international trade is set to change markedly in the wake of Brexit negotiations, which could possibly result in new UK competences for issues such as anti-dumping, albeit the UK would expect to apply such rules within the framework of WTO rules and obligations. This is an area we will be monitoring carefully as negotiating positions over Brexit emerge in the months and years to come.
The past few days have seen significant escalation in the trade tensions between the European Union ("EU") and the United States ("U.S.") as a result of the never-ending Airbus-Boeing dispute over subsidies.
With just 21 hours to go before a "no deal Brexit", Prime Minister Theresa May agreed an extension to the Article 50 period with EU leaders, which means the UK's potential exit from the EU on 12 April 2019 will not now happen and the UK continues as an EU member for the time being.
The UK Government has laid a Statutory Instrument The European Union (Withdrawal) Act 2018 (Amendment) Regulations 2019 which delays Brexit until either 11pm on 12th April 2019 or 11pm on 22nd May 2019.
There remains no guarantee that, from the intended Brexit day of 30 March 2019, the current tariff-free movement of goods between the two territories will not cease. Various models for future relationships are in debate, but the UK is currently ruling out the simplest (and least change) model of remaining in a customs union with the EU.
On 6 March 2018, the Court of Justice of the European Union ("CJEU") rendered an important judgement in case C-284/16, Slovak Republic v. Achmea. The CJEU declared invalid the investor-State dispute settlement ("ISDS") arbitration clause in the bilateral investment treaty between the Netherlands and Slovakia ("intra-EU BIT").
International trade partner Vassilis Akritidis has been appointed to DWF's Brussels office where he will lead on international trade and WTO issues as the business continues to invest in the growth of its global teams.
The results are all in and it is clear the previous Conservative Party government no longer has an outright majority in Parliament with which to pursue its previous articulated Brexit agenda.