On Brexit
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On Brexit

Law, Justices and Injustices

Edited by Tawhida Ahmed and Elaine Fahey

Timely and engaging, this topical book examines how Brexit is intertwined with the concepts of justice and injustice. Legal scholars across a range of subjects and disciplines utilise a multitude of case studies from consumer law, asylum law, legal theory, public law and private law, in order to explore the impact of Brexit on our ideas of justice. The book as a whole aims to engage with the methodology, lexicon and explicitness of analytical perspectives in relation to Brexit.
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Chapter 8: Brexit, justice and dispute settlement

Jed Odermatt

Abstract

One of the most legally complex and politically sensitive issues in the Brexit debate has been the design of dispute settlement procedures. This debate has illustrated how concepts of justice are understood in the context of dispute settlement. Justice in international dispute settlement is commonly framed in terms of fairness, particularly regarding procedure. The chapter first discusses how cases dealing with Brexit before the Court of Justice of the European Union have prioritised justice for the EU and the UK, rather than justice for the citizens of Europe and the individuals who are affected by Brexit. It then shows how the design of dispute settlement mechanism in the Withdrawal Agreement between the EU and the UK has been designed to ensure fairness to the parties. These processes provide little scope for justice to be realised by individuals, whose rights will be affected by the UK’s withdrawal from the Union. The chapter questions whether inter-state arbitration is the best method to ensure justice in a complex process such as the withdrawal of a Member State from the European Union.

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