BREXIT and Business Law

China-EU Law Journal (CELJ), Vol. 5, No. 3, pp. 101-118, March 2017, DOI: 10.1007/s12689-017-0075-1

Max Planck Private Law Research Paper No. 17/1

20 Pages Posted: 23 Dec 2016 Last revised: 1 Dec 2017

See all articles by Jürgen Basedow

Jürgen Basedow

Max Planck Institute for Comparative and International Private Law

Abstract

The surprising outcome of the referendum on the future membership of the United Kingdom (UK) in the European Union (EU) has given rise to a large number of political speculations and claims. They will have to be realized within the framework of EU law and British constitutional law. This paper is meant to outline that framework and, in particular, the procedure that might lead to BREXIT, infra 1, as well as the options available for the negotiations about the future relations between the EU and the UK, infra 2. Its main thrust will be the legal consequences of BREXIT for the operation of primary and secondary EU law, infra 3 to 5. A final section will deal with the fate of international treaties concluded by the EU for Britain after BREXIT, infra 5. Particular attention will be given to possible implications for China.

Note: This article is published in the Max Planck Private Law Research Paper Series through Open Access funding provided by Max Planck Society. It is distributed under the terms of the Creative Commons Attribution 4.0 International License (CC BY 4.0). No changes were made to the article. As published in: China-EU Law Journal (2017), DOI: 10.1007/s12689-017-0075-1.

Keywords: BREXIT; Treaty on European Union; Treaty on the Functioning of the European Union; EU Law; British Law; internal market; financial services; Brussels I Regulation

Suggested Citation

Basedow, Jürgen, BREXIT and Business Law. China-EU Law Journal (CELJ), Vol. 5, No. 3, pp. 101-118, March 2017, DOI: 10.1007/s12689-017-0075-1; Max Planck Private Law Research Paper No. 17/1. Available at SSRN: https://ssrn.com/abstract=2889218

Jürgen Basedow (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, 20148
Germany

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