The Conclusion and Implementation of EU Free Trade Agreements
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The Conclusion and Implementation of EU Free Trade Agreements

Constitutional Challenges

Edited by Isabelle Bosse-Platière and Cécile Rapoport

This timely book gives an overview of the main legal issues the EU faces in negotiating, concluding and implementing so-called ‘New Generation’ free trade agreements. Featuring contributions by international specialists on EU external action, this book demonstrates why these FTAs have become challenging for the EU, as well as analysing how the EU has dealt with its institutional constraints, and addresses contemporary debates and future challenges for EU institutions and Member States.
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Chapter 6: EU law and diplomacy regarding negotiations during Brexit and in the transition period: the case of UK/North America trade

Nanette Neuwahl

Abstract

This chapter is about State-to-State negotiations in transatlantic trade relations pending ‘secession’ from the EU (Brexit). While it is unclear to what extent the conclusion of a US/UK agreement is compatible with the current policy of ‘America comes first’, negotiations between the two countries could be envisaged before Brexit or during an anticipated transition phase. The formal or implicit empowerment of the UK to negotiate some trade agreements already before Brexit - possibly alongside the EU - could solve some of the problems related to a hard Brexit, at least in regards to strategic trading partners. The EU’s procedures are relatively flexible and can be applied pragmatically. Thus, provided the political will is there, the parties have the tools to prevent or alleviate transitional problems. While this could start before Brexit, it could continue well into a transition period, should there be one.

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