Brexit – What's Public International Law Got to Do with it

Abstract

Everybody is scared of what will come in case the UK leaves the EU without an agreement. However, the chance for an agreement is not yet off the table. The aim of this article is, therefore, to elaborate whether and how public international law provides for a stable legal system in both situations: Either, a “soft Brexit” will be shaped by one or more international agreements, as provided for by Article 50(2) TEU. Here, the authors conclude that the customary rules on treaty law will apply to all agreements between the UK and the EU as well to treaties between the EU and third states. Equally, international law will play a crucial role in the case of a “hard Brexit”, i.e. when no agreement is reached. Here, international law will function as a safety net. This will be demonstrated on the basis of the most contentious issues. The authors argue that while the UK’s financial obligations, the rights of EU and UK citizens, the jurisdiction of the European Court of Justice and the most important WTO rules will continue to apply by virtue of international law, some WTO norms require negotiations in order to become fully operational. In a last step, it will be shown that international law allows to revoke the withdrawal notice.