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Brexit Chained: When Can the United Kingdom Negotiate Trade Agreements?

Publication at Faculty of Law |
2018

Abstract

Proponents of the United Kingdom's (UK) withdrawal from the European Union (UK), who campaigned before the referendum in 2016, claimed that the UK outside of the EU will negotiate more favourable trade agreements. Current withdrawal process has raised a question when the UK can build its own trade policy as this policy is under the EU exclusive competence.

This article assesses current and planned UK steps in developing trade relations with third countries and attempts to find a solution which respects limits arising of the membership in the EU and UK's ambitions. The contribution examines legal framework of the EU, particularly exclusive nature of the common commercial policy within the EU, the principle of loyalty and its influence on external relations and, finally, rules concernig the withdrawal from the EU under Art. 50 of the Treaty on European Union (TEU).