Private International Law Post-Brexit: Between Plague and Cholera

Revue de Droit Commercial Belge/Tijdschrift voor Belgisch Handelsrecht (RDC/TBH) 2020 (Forthcoming)

10 Pages Posted: 7 Apr 2020

See all articles by Giesela Ruhl

Giesela Ruhl

Friedrich-Schiller-University Jena; Humboldt-University of Berlin

Date Written: March 13, 2020

Abstract

Over the course of the last two decades, the European legislature has adopted a large number of regulations dealing with private international law. As long as the UK was a member of the EU these regulations were also applicable in the UK. However, now that Brexit has actually taken place, they only apply by virtue of the Withdrawal Agreement whereas they will cease to apply as soon as the transition period provided for in the Withdrawal Agreement expires. The following contribution takes this finding as an opportunity to take a closer look at the future relationship between the EU and the UK in private international law. It analyses the corresponding British proposals and argues that the relatively best option for both the UK and the EU would be the adoption of a new bilateral agreement that either provides for continued application of the existing EU instruments or closely replicates these instruments.

Keywords: Private International Law; Brexit; Civil and commercial matters; Judicial Cooperation; Rome I, Rome II, Brussels Ia; Lugano Convention; Hague Choice of Court Convention; Withdrawal Agreement; Transition period

Suggested Citation

Ruhl, Giesela, Private International Law Post-Brexit: Between Plague and Cholera (March 13, 2020). Revue de Droit Commercial Belge/Tijdschrift voor Belgisch Handelsrecht (RDC/TBH) 2020 (Forthcoming), Available at SSRN: https://ssrn.com/abstract=3553768

Giesela Ruhl (Contact Author)

Friedrich-Schiller-University Jena ( email )

Faculty of Law
Carl-Zeiss-Stra├če 3
Jena, Thuringa 07743
Germany

Humboldt-University of Berlin ( email )

Unter den Linden 6
Berlin, 10117
Germany

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