Brexit and its Consequences: The Termination and Renegotiation of EU-ACP Economic Partnership Agreements Due to (Fundamental) Change of Circumstances

Abstract

The United Kingdom officially left the European Union (EU) in January 2020. While the nature of its future relations with the rest of the EU Members is unclear, it is by now certain that the UK will cease to be part of several agreements concluded by the EU in the areas common commercial policy. This is the case for Economic Partnership Agreements (EPAs) concluded between the EU and its Members with African, Caribbean and Pacific (ACP) countries. This paper studies the consequences of Brexit on these EPAs. It explores whether, and to what extent, ACP countries may invoke fundamental change of circumstances to seek termination of their respective EPAs because Brexit was an event that they could not have contemplated when negotiating these agreements. Likewise, could the threat of termination provide any leverage to ACP countries to induce renegotiation of the terms of EPAs considering frustration of their legitimate expectations?