EU Law : Implication of the Withdrawal Treaty Over Brexit

Running head: EU LAW
EU LAW
Name of the Student
Name of the University
Author Note

1
EU LAW
Facts and Introduction:
The United Kingdom leaves the European Union on the 31st of January, 2020 at 11
PM GMT after signing a The Brexit withdrawal agreement on 24th of January, 2020 which
might impact trade practice of UK.
Issue:
The issue in this case what will be the implication of the Withdrawal Treaty over
Brexit between UK and EU and whether it will result into soft, hard or medium Brexit in
relation to trade and what will be the situation if it end up in a no deal Brexit. In such a
scenario, whether UK will adopt a soft Brexit like Norway (EEA) or Norway Plus
(Continental Partnership) relationship to ensure easy access to EU trade market. Further the
issue discussed is what will be the scenario if UK’s trade is based upon free trade agreement.
Rules:
Rules relating to Article 50 of the Brexit Withdrawal Agreement and Article 128 of
TEFU have been discussed in this case. Further regulations of WTO in international trade
have also been discussed.
Analysis:
It can be say that, an advantage of the UK not being under EU membership is that
there will not be any UK MEPs, commissioners or ministers in the European Parliament1.
The disadvantage is that, after the transition period which will be over in December 2020, the
EU will no longer have access to the benefits provided to them through the EU membership
in respect of trade2. However, the association between the UK and EU will be improved as
1 Tetlow, Gemma, and Alex Stojanovic. "Understanding the economic impact of Brexit." Institute for the
government (2018): 2-76.
2 Dhingra, Swati, et al. "The impact of Brexit on foreign investment in the UK." BREXIT 2016 24.2 (2016).

2
EU LAW defined in Article 50 of the Withdrawal Agreement and Article 218 of the TEFU. Article 50
gives the power to the member of the EU to leave the EU, just like the same way the UK did.
But, Article 218 offers a better trading relationship with the EU through international
agreements. However, there has a political significance of the Article 50 clause, which is its
two-year withdrawal agreement deadline is said to be made to benefit a departing country by
ensuring that it cannot be held hostage. The withdrawal agreement has also been impacted by
the Northern Ireland protocol which thrives to evade the introduction of a rigid border over
the island of Ireland presuming that there is a no-deal Brexit3.
The EU is comprised of 29 WTO members, that it 28member plus EU itself4.
However, after the Brexit, these combined rights and duties of these members will be divided
between EU-27 and UK. The WTO is indeed dominated by the EU and the USA. EU as one
of the dominant trade forces of the world referred to as a global standard setter5. After the
transition period with no FRT, UK has to be dependent on the UK regarding the trading rule
which can be termed as ‘hard brexit’ and not beneficial for UK’s trade future. Though after
having one of the finest trade deals with the USA, its America First rule, might act as a non-
preferential actor for the UK6.
UK will continue to enjoy the benefits of trade deals of EU with other countries such
as Norway, Switzerland, Turkey, Canada, Singapore, Japan during the transition period. with.
Therefore, it can be said that a deal with EU during the transition period will place the UK in
a better position, especially its clear position in the EU single market will lead the nation to a
preferable position in the UK market.
3 Lawless, Martina, and Edgar LW Morgenroth. "The product and sector level impact of a hard Brexit across the
EU." Contemporary social science 14.2 (2019): 189-207.
4 McGrattan, Ellen R., and Andrea Waddle. "The impact of Brexit on foreign investment and
production." American Economic Journal: Macroeconomics 12.1 (2020): 76-103.
5 Busch, Berthold, and Jürgen Matthes. Brexit-the economic impact: A meta-analysis. No. 10/2016. IW-Report,
2016
6 Wadsworth, Jonathan, et al. "Brexit and the Impact of Immigration on the UK." CEP Brexit Analysis 5 (2016):
34-53.