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Running head: POST BREXIT INTEGRATION BETWEEN EU AND UK Post Brexit Integration between EU and UK Name of the Student Name of the University Author note
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1 POST BREXIT INTEGRATION BETWEEN EU AND UK Introduction The United Kingdom (UK) or Britain decided to leave the 27-member union EU through following a referendum in June 2016, which is known as Brexit (Gov.uk. 2020). It will enable Britain to come out of the single market and customs the union of the EU. There were various contradictions associated with the exit of the UK from the EU. It also created turmoil related the relationship of the UK with the EU post Brexit. However, the date of leaving of the UK from the EU has not been finalized yet and post Brexit deal between two have not been decided. The effects of the Brexit will depend on the nature of tie up between two parties the EU and UK. There is a possibility that the both parties may not agree upon on any term after the transition period, which is known as no deal Brexit (Dhingra and Sampson 2016). Moreover, the impact of the Brexit on the economy of UK will vary with respect to the terms being signed between both parties. Therefore, the level of integration between the EU and UK may generate opportunities and threats, which will be assessed in this paper. The post Brexit agreements related to free trade and World Trade Organization (WTO) will also be examined. Body There are various options related to the future trade relations between the EU and UK. The option for integration will be implemented after the completion of the Brexit process and after UK has left the EU. Both parties will take the decision of the potential relationship through negotiations during the transitional period from March 2019 to December 2020 (Mulabdic, Osnago and Ruta 2017). The debatable subject is significant from the economic and political aspect. Previously the EU and UK were in an intense economic and trade relationship, which will be affected after the Brexit. The UK and EU were the main trading partners of each other. However, it is essential to emphasis on broader perspective through institutional, political and
2 POST BREXIT INTEGRATION BETWEEN EU AND UK legal aspect along with economic post Brexit. There exists two distinct paradigms that are important in this regard such as trade liberalization and market integration. It is crucial to explore those paradigms to understand the pros and cons associated with the integration between the EU and UK after Brexit. This paper also taken into consideration the models that plays a major role on the relationship of the UK and EU post Brexit (Dhingraet al. 2016). These modes are the WTO model and deep and comprehensive free trade agreement (FTA). As there are various models available to opt from, probably the most preferred one for the UK government is the Deep and comprehensive FTA (DCFTA). The legal side analysis of the DCFTA states that the agreement could be concluded by the EU acting alone as it would come within the exclusive competence of the EU related to TFEU provisions on the common commercial policy (Fenget al. 2017). However, it will depend on the intensity of the DCFTA. There involve two limitations with the implementation of the DCFTA post Brexit, which are the related dispute settlement provisions and inclusion of investor protection. The main confusion in this case is whether the agreement will be concluded by the mixed agreement or EU alone. Though, the foreign direct investment will be covered under the CCP, the indirect investment will not be covered. The probable investorâs protection of the EU-UK DCFTA will be based on mixed agreement as the dispute settlement system set up by the EUSFTA will bypass the domestic court system (Europa.eu 2016). According to the government of the UK, DCFTA will maintain both the important paradigms like market integration and trade liberalization. In addition, as per government, it will manage the gradual divergence of the regulatory framework between the UK and EU (Mulabdic, Osnago and Ruta 2017). However, a mere FTA will not solve the problems of customs and regulations in terms of frictionless trade. It can be managed with the help of border controls. It
3 POST BREXIT INTEGRATION BETWEEN EU AND UK will be required for the traders to comply with the rules of origin, which will eventually affect the investment in the UK. The reasons behind such effect involve difficulties in access to the entire internal market of the EU for the investments. In order to put border control on the trade, huge public investment will be required in case of UK and UK-facing Member States. Finally, the robust dispute settlement mechanism would benefit the DCFTA. It is necessary to mention that the international agreements are highly ambitious. In order to make this agreements as relevant as it intends to be, enforcement is required (Dhingraet al. 2018). Thus, it will become a living instrument on which county can be relied effectively. The success of the dispute settlement mechanism under the trade agreement between the EU and third countries is not guaranteed. Previously, there were various cases of trade disputes between two parties under the FTA brought before the WTO to resolve. However, it will help the UK to come out of the constrained of institutions and EU rules through the FTA. Additionally, the UK will also gain maximum control of the trading and economic activity of the country. Therefore, it will remove the earlier barriers to trade with the 27 member states of the EU. The disruption can be managed by the UK through high alignment and access, although, free movement may create a politically difficult obligations. One of the largest international economic body of the world is World Trade Organization. The UK and all member countries of the EU are members of the WTO (Baier, Yotov and Zylkin 2019). Therefore, when the UK will exist from the EU, it need to take all the responsibilities related to trade policy for its country. Moreover, the country will be under the law obligation of the WTO. Imports into the UK is subject to a wide range of tariff schedules such as schedule of the EU, GATS schedules of the member or EU states and services schedules. In the sphere of agriculture support policies (AMS), there are commitments that belongs to the EU. The transition
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4 POST BREXIT INTEGRATION BETWEEN EU AND UK of the UK will be relatively smooth as long as the country would not try to modify these commitments. The main problem will be created by the tariff rate quotas (TRQs), which is applicable for some particular imports of agricultural products (Belke and Gros 2017). Various differentiated tariffs comes under such TRQs. The annual volume of imports that is quota restricted may opt for the lower tariff. Exporting countries may benefit from the TRQs and divide between major suppliers. Thus, the process of dividing TRQs have already started between the UK and EU. Moreover, the political problems taken place with the concerned third countries. Therefore, it is necessary the issue related to the TRQs in the world trade. Though, initially the adverse effects of the TRQs seems to be minor, It may take shape of huge conflict in future. Thus, it will increase the chances of trade war between the participating countries in the world trade. One such example will help to understand the situation in this regard. A new TRQ was installed for the Latin America bananas by the banana regime of the EU in 1993, which created a huge problem in the WTO. There is a legal dimension of the TRQ issue. It is questionable that whether splitting up of the TRQ will lead to modification of the existing schedules or only make rectificationunderWTOlaw(Mendez-Parra,teVeldeandWinters2016).Thereexists multilateral process of negotiation in case of modification the existing schedule, which is controlled by the Art XXVIII GATT. However, the selection of the rectification route by the UK may disregard the political reality of decision making under WTO as per legal analysis. There will be a high possibility of negotiations because of other members of the WTO, as they will raise question about the splitting option of the TRQs proposed by the EU and UK. The question can also be raised for the agreement on agriculture in terms of agricultural subsidies. An Aggregate Measurement of Support (AMS) is agreed by the WTO members through putting a
5 POST BREXIT INTEGRATION BETWEEN EU AND UK cap on Amber Box subsidies. There is a limited possibility of no argument between the EU and UK in order to divide the AMS between both parties in some way. Hence, it will rise the necessity of further negotiations. As the UK will try to enhance the level of protection through modification of services concession and tariff, the involvement of the EU will be inevitable (Holmes, Rollo and Winters 2016). Therefore, it will require a further renegotiation between the EU and UK. Though, the Government Procurement Agreement (GPA) is not a mixed agreement, the UK may join the agreement. However, the level of market opening offered by the public procurement law of the EU is not same as the GPA. The difficulties of the Brexit would be lower by transition to full WTO membership as per legal terms. Furthermore, the wider negotiation may help to avoid the political difficulty. The trade between the EU and UK have to be concluded on WTO terms, if they decided to opt for no trade agreement post Brexit. Therefore, the both parties in such situation will face the economic effects. The reason behind such effects involve the changes in trading relationship. There will full tariffs on the trade between the EU and UK. In addition, the complex supply chain will also impacted by the cumulated effects of tariffs. There would border controls for the regulatory and custom purposes. The chances of the potential implementation of the trade protection measures will be high. The uncertainties of the regulatory regime of the UK will be applied in case of the imports from the EU. Thus, these uncertainties will cause the loss of public procurement liberalization (Bongardt and Torres 2018). The trading relationship between the UK and EU may also deteriorate in terms of loss of internal market liberalization related to service industry. There would be interference due to the law and enforcement judgements. However, from the perspective of dispute settlement, there would be pressure on the EU and UK to resolve the
6 POST BREXIT INTEGRATION BETWEEN EU AND UK disputes under the WTO. The differences between the enforcement of WTO law and EU internal market law is considerable. The main difference is private parties are not allowed to get direct access to dispute settlement under WTO. Though, the dispute settlement under the WTO worked well previously, although, the settlement in global scale will act as a constraints (Gasiorek, Holmes and Rollo 2016). The process of dispute settlement will be costly for both Therefore, there exists various benefits as well as drawbacks of the post Brexit integration between the EU and UK through WTO and free trade agreement. Conclusion UK decided to leave the single market and customs union of the EU. Thus, there may exists a negation between the two parties during the transition period. Hence, this deal will help to continue the trading relationship between two parties after the Brexit. However, there is also a possibility of no trade deal between the EU and UK (Lydgate and Winters 2019). The integration between these two parties may happen through the freed trade agreement or WTO agreement. In addition, there exists pros and cons of these integration between the EU and UK. The main limitations associated with the deep and comprehensive free trade agreement will be dispute settlement and investors protection. The WTO option would also create trouble in case of dispute settlement. Though, there was no such issues associated with the dispute settlement of the WTO previously. The problem will develop due to exposure in global scale. On the contrary, as per legal terms, the difficulties related to the Brexit may degrade due to the WTO agreement (Howarth and Quaglia 2017). Moreover, the government of UK may facilitate with the market integration anf trade liberalization due to the free trade agreement. Therefore, there is both positive and negative consequences of these integration.
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7 POST BREXIT INTEGRATION BETWEEN EU AND UK References Baier, S.L., Yotov, Y.V. and Zylkin, T., 2019. On the widely differing effects of free trade agreements:Lessonsfromtwentyyearsoftradeintegration.JournalofInternational Economics,116, pp.206-226. Belke, A. and Gros, D., 2017. The economic impact of Brexit: Evidence from modelling free trade agreements.Atlantic Economic Journal,45(3), pp.317-331. Bongardt, A. and Torres, F., 2018. Trade agreements and regional integration: The European Union after Brexit. InHandbook of International Trade Agreements(pp. 326-336). Routledge. Dhingra, S. and Sampson, T., 2016. Life after BREXIT: What are the UKâs options outside the European Union?. Dhingra, S., Ottaviano, G., Rappoport, V., Sampson, T. and Thomas, C., 2018. UK trade and FDI: A postâBrexit perspective.Papers in Regional Science,97(1), pp.9-24. Dhingra, S., Ottaviano, G.I., Sampson, T. and Reenen, J.V., 2016. The consequences of Brexit for UK trade and living standards. Europa.eu 2016. European Union.Official website of the European Union | European Union. [online] Available at: https://europa.eu/european-union/index_en. Feng, S., Patton, M., Binfield, J. and Davis, J., 2017. âDealâor âno dealâ? Impacts of alternative postâBrexit trade agreements on UK agriculture.EuroChoices,16(3), pp.27-33. Gasiorek, M., Holmes, P.E.T.E.R. and Rollo, J., 2016. UK-EU trade relations post Brexit: too many red lines?.UKTPO Briefing Paper,5. Gov.uk. 2020.Welcome to GOV.UK. [online] Available at: https://www.gov.uk/.
8 POST BREXIT INTEGRATION BETWEEN EU AND UK Holmes,P.,Rollo,J.andWinters,L.A.,2016.NegotiatingtheUK'spost-Brexittrade arrangements.National Institute Economic Review,238(1), pp.R22-R30. Howarth, D. and Quaglia, L., 2017. Brexit and the single European financial market.J. Common Mkt. Stud.,55, p.149. Lydgate, E. and Winters, L.A., 2019. Deep and Not Comprehensive? What the WTO Rules Permit for a UKâEU FTA.World Trade Review,18(3), pp.451-479. Mendez-Parra, M., te Velde, D.W. and Winters, L.A., 2016. The impact of the UK's post-Brexit trade policy on development. Mulabdic, A., Osnago, A. and Ruta, M., 2017.Deep integration and UK-EU trade relations. The World Bank. Mulabdic, A., Osnago, A. and Ruta, M., 2017.Deep integration and UK-EU trade relations. The World Bank.