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This paper examines the impact of a 'no deal' or 'hard' Brexit on the recognition of insolvency proceedings commenced in the UK by the remaining Member States of the European Union (EU) post‐Brexit. The paper considers the framework currently implemented by the Recast European Insolvency Regulation and the possible approaches when it will cease to apply to proceedings commenced post‐Brexit. The paper identifies that there will be no overarching framework in the event that 'no deal' is reached between the UK and the EU for post‐Brexit arrangements, resulting in reliance on individual Member States' domestic laws to determine recognition of insolvency proceedings commenced in the UK. The paper sets out the contrasting approaches of five of the UK's key trading partners in the EU: France, Germany, Ireland, the Netherlands and Spain. The paper concludes that UK insolvency proceedings will not be recognised in a consistent manner in these Member States, which will be detrimental to stakeholders in, and ultimately the economies of, the UK and these Member States. In doing so, the paper underlines the importance of an agreement being reached between the UK and the EU on the recognition of cross‐border insolvency proceedings for the benefit of all parties. Copyright © 2018 The Authors International Insolvency Review published by INSOL International and John Wiley & Sons Ltd. [ABSTRACT FROM AUTHOR]

This contribution introduces a selection of the best papers presented at the 2015 European Union Studies Association’s biennial conference. It uses these papers as a jumping off point to consider whether European Union (EU) studies suffers the same ‘gap’ with real-world problems that is seen to afflict some portions of the academy and to ask whether EU studies is at an inflection point. It argues that EU studies are closely linked to the substance of the European project. It identifies how the contributions to this collection speak to different aspects of the EU: closer co-operation; policy-making within a ‘normal’ political system; the implications of European integration for its member states. Given this link between the substance of the European project and the focus of EU studies, this contribution argues that the challenges currently confronting the EU – the lingering eurozone debt crises; the migrant/refugee crisis; the prospect of a British exit; and recent terrorist attacks – may mark an inflection point in EU studies. The reason is that for the first time ‘less Europe’ has emerged as a serious option in response to crisis. This possibility reignites questions of (dis)integration and calls into question the assumption the EU policy only accumulates. [ABSTRACT FROM PUBLISHER]

Abstract: The paper measures regional GDP growth losses that a smaller market size caused by the reintroduction of legal and administrative barriers would cause. We model augmented barriers in a Keynesian framework, pointing at four effects: a border effect, stronger for regions close to borders; an exposure effect, stronger for regions open to trade; a centrality effect, affecting areas close to the economic core; a demand concentration effect, stronger for regions close to large trading partners. By estimating border effects with data on EU NUTS 3 regions and simulating a general increase in barriers among EU countries, the four regional effects clearly emerge. [ABSTRACT FROM AUTHOR]

Following a critical analysis of the contribution of the EU to the development of UK environmental law, this paper cautions against too great a nostalgia as the United Kingdom leaves the EU. It then reviews the Brexit vote in a wider political context and suggests that Brexit does open up opportunity for change in environmental law. It then explores how the form of Brexit may shape that law going forward and it points to the significant workload that lies ahead, which itself might limit opportunities for change. It concludes by reviewing the future shape of environmental law, as between devolved governments, once the harmonising force and governance structures of EU environmental law disappear and, in doing so, it counsels caution. [ABSTRACT FROM AUTHOR]

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The paper discusses 21 days of political leadership in the UK following the EU referendum, the publication of the Chilcot Report on the Iraq War, and the appointment of a new cabinet by the new Prime Minister, Theresa May. It begins by modelling four possible approaches to political decision-making by taking into account the intent of the decision-maker, their acceptance or avoidance of responsibility, and the nature of the consequences. It suggests that ‘Dirty Hands’ exists when the decision-maker recognizes the deleterious consequences of what they deem to be necessary action – and intends to engender these – but takes responsibility. ‘Clean Heels’ embodies a decision where the decision-maker recognizes the consequences might be deleterious and intends them to be so, but avoids all responsibility. Mea Culpa describes a decision-maker who did not intend deleterious consequences but having seen them occur takes responsibility. Finally, the Spectator is someone who has no intention of making any difference to anything and thus takes no responsibility, but often plays a destructively critical role from the sidelines. This heuristic – and it is no more than a heuristic – is then illustrated by considering the actions of four decision-makers during this period: Boris Johnson, Tony Blair, Nigel Farage, and Theresa May. [ABSTRACT FROM AUTHOR]

The article discusses what concretely does a European Security and Defence Union mean and what hurdles must be overcome to ensure that 2017 will not be remembered as another false dawn for European security and defence. Topics include three structural trends coupled with three enabling factors explain the notable activism on European security which include the U.S. security umbrella provided through North Atlantic Treaty Organization (NATO) cannot be indefinitely taken for granted, the sharp increase in real and perceived insecurity across the Union and beyond and all European Union (EU) member states, including the largest ones, are small and medium sized countries and the enabling factors include a Political Commission, Brexit and the Franco German Engine.

This paper examines a number of works of art that relate to the issues of borders, mobility, space and place in Britain and the European Union (EU). It focuses on the years 2014–16 in which the financial crisis, the migration crisis and the impending referendum on Britain’s membership of the EU weighed heavily upon public debate. Some of the works considered—installations by the Italian group The Tomorrow and by Rem Koolhaas and the Office for Metropolitan Architecture—can be related directly to the EU’s own initiatives: specifically, the New Narrative for Europe that was championed by the President of the European Commission, José Manuel Barroso. Others—stencilled murals by the street artist Banksy in Clacton-on-Sea and Calais—approach the issue of Europe more obliquely. All of the works, it is argued, engage in forms of visual and spatial thinking that bear upon the idea of Europe and its much-discussed imaginary. [ABSTRACT FROM PUBLISHER]

Due to a very high number of Polish nationals residing in the United Kingdom (UK), almost half of the European Arrest Warrants ('EAW') issued in Poland over recent years have been executed in the UK. One of the advantages of the EAW is the bypassing of rules preventing the extradition of a state's own nationals. According to Polish law, in the case of extradition under an international agreement, the possibility of extraditing Polish nationals must be included in the agreement. One of many possible repercussions of Brexit - replacement of the EAW with a 'traditional' extradition procedure - may result in substantial slowing down of the extradition and making the procedure much more expensive. This risk seems to be confirmed by some recent Polish cases discussed in this brief paper. [ABSTRACT FROM AUTHOR]

Starting from the recent debates on Brexit, the main aim of this paper is to evaluate the impact of immigrants on the UK economy. In this context, we made a comparison between EU and non-EU immigrants in the period 1991-2015. According to estimations based on vector error correction models, there is not a long-run relationship between number of EU immigrants and employment rate, respectively real economic growth in the UK in the period 1991-2015. On the other hand, the number of non-EU employees is higher and they had a significant impact on the UK labour market. A significant causal relationship from employment rate to number of non-EU immigrants was identified in the period 1991-2015. The Brexit's argument related to the negative impact of EU immigrants on the UK economy is not supported by the empirical findings. [ABSTRACT FROM AUTHOR]

This paper analyzed some of the reasons why Britain participated only half-way in the European Union and ended up voting for Bremen on 23 June 2016. It also examines the options open to the European Union and Great Britain. Europe must show that it can work by showing results. In Britain it is necessary to break the established molds of thought and reshape the structure of political parties. [ABSTRACT FROM AUTHOR]

The article focuses on the impact of Brexit Referendum Scotland's relationship with the European Union (EU) and Great Britain as a state recognised under international law is the signatory to the European Treaties. Topics discussed include Scotland could remain in the EU without seeking independence, membership of the European Economic Area and the European Free Trade Association and Great Britain negotiate a series of bilateral agreements governing its future relations with the EU.

With the United Kingdom's withdrawal from the EU, in particular from its internal market, the customs union and all of the EU's international agreements, a new chapter in Europe's legal, economic and political history has begun. This note sets out the consequences of Brexit for investment protection and arbitration, focusing on EU-UK investment relations. In a first step, it addresses the EU-UK Trade and Cooperation Agreement's investment protection provisions and its unique dispute settlement mechanism before turning to the fate of the United Kingdom's bilateral investment treaties with EU Member States as well as the Energy Charter Treaty. Even though these investment treaties are likely to remain in force, the article concludes that, from the point of view of EU investors in the UK and UK investors in the EU, it can overall be seen as a clear omission that the Trade and Cooperation Agreement does not regulate investment protection in a comprehensive manner. The current situation leaves significant gaps in treaty protection, especially for investments from and into the Western EU Member States. [ABSTRACT FROM AUTHOR]

This paper examines the pre‐ and post‐Brexit experiences and perspectives of migrants from three "new" European Union (EU) countries—Latvia, Poland, and Slovakia—who are living and working or studying in the London area. Deploying the key concepts of power‐geometry and relational space, the analysis explores the way that Brexit impacted the migrants' connections to the U.K. "bounded space" and their ongoing mobility behaviour and plans. Empirical evidence comes from 35 in‐depth interviews with migrants, most of whom were interviewed both before and after the referendum of June 23, 2016. We find that migrants are unequally positioned socio‐spatially to deal with the new power‐geometries resulting from Brexit, and we detect diverging trajectories between the more highly skilled and high‐achieving EU citizens and the more disadvantaged low‐skilled labour migrants. First, we probe the uncertainties brought about by juridical status, related to the length of stay in Britain. Second, we explore personal and professional connections and disruptions. Third, we question how the power‐geometries of time, juridical status, and personal/professional connections/disruptions shape future mobility plans. [ABSTRACT FROM AUTHOR]

Copyright of Swiss Political Science Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Within the legal framework of the EU, the Member States have remained competent to regulate who qualifies as a national. As nationals of a Member State are simultaneously EU citizens and enjoy the right to intra-EU mobility, it is the Member States who, through their Nationality Laws, determine who is to be classed as an EU citizen and who enjoys the right to intra-EU mobility. This article explores whether Member State competence to regulate nationality matters has been affected by the introduction of EU citizenship and/or developments in intra-EU mobility rights, the contents of which are determined primarily by the EU. [ABSTRACT FROM AUTHOR]

The present study is an attempt to investigate the impact of an important event 'Britain's exit from the EU, BREXIT, i.e., whether or not this even, whose referendum took place on June 23, 2016 with the result being reported in the early morning of June 24, 2016, resulted in causing any structural break in the stock index movement in the select five EU member countries, namely, UK, France, Germany, Finland and Spain. The period of study was 45 days (June 2, 2016-July 15, 2016) with a 30-day event cycle; 15 days before the event and 14 days after the event (-15 to +14). The analysis is carried out on the closing prices of the major indices of these five EU nations. The tools used to analyze the impact of the event, BREXIT, are CUSUM and CUSUMSQ plots and Chow dummy variable test. The results of CUSUMSQ plots give an indication of a break in four out of five markets: UK, Germany, Finland and Spain in the time period 16-18 (between June 23 and 25, 2016). However for France, the plot reveals a break somewhere in between the time periods 14-16 (between June 21 and 23, 2016). The Chow Breakeven test however could not confirm any structural break for time series of UK, Spain and Finland, as the null hypothesis of no structural break is accepted. On the other hand, for two countries, France and Germany, there is some evidence of break at 5% and 10% confidence levels, respectively, and the date of break identified is June 23, 2016; this was the same date when the referendum on UK's withdrawing from the EU took place. [ABSTRACT FROM AUTHOR]

Global equity markets fell by nearly 5% overall on 24 June 2016 following news of the Brexit referendum result. Although nearly all EU stock market indices experienced additional significantly negative abnormal returns, especially poor performance was registered by the debt-ridden PIIGS group (Portugal, Ireland, Italy, Greece and Spain). In this article, we identify a systematic tendency for more severe stock market responses to be concentrated amongst countries with higher debt to GDP ratios. This effect endures even after controlling for the degree of openness, EU membership and for being part of the PIIGS group. [ABSTRACT FROM PUBLISHER]

Abstract: One of the most interesting recent developments in contract law has been an academic and political effort to integrate private law. The proposed Common European Sales Law was ultimately withdrawn, and a series of setbacks, including the British referendum to exit the EU, has recast the politics of convergence. But it remains an objective for many European scholars. This essay considers the wisdom of convergence on a single law of transactions from the perspective of philosophical contract theory. The essay proceeds by disaggregating the rights at stake in contract law. It characterises the formal right to contract and describes its moral impetus as one that should underwrite contract law in all states, especially liberal states. But the essay argues that the legitimate contours of the formal right are contingent on tenets of political culture that vary across Member States. Similarly, substantive regulation of contract is morally compulsory and serves universal interests; the essay takes regulation of permissible work and remuneration for work as examples. But the rules and standards that best advance those moral interests depend on economic facts specific to individual political communities. The essay concludes by arguing that contract law is a poor tool by which to accelerate political and economic convergence. [ABSTRACT FROM AUTHOR]

The article discusses the relation of Brexit, the British referendum on leaving the European Union (EU), to democracy. Topics include the relation of the European Commission and the European Parliament to democracy, the role of national sovereignty in relation to democracy, and British resistance to free trade agreements.

With the promised return of Parliamentary powers, Brexit is supposed to be a fillip for representative democracy. There is a significant danger that will not be so. EU membership weakened the conditions for representative democracy within those fields governed by the EU. Whitehall will almost be the central player in the reform of EU-derived law. And policy styles are being developed which marginalise rather than consolidate UK legislatures in these fields. Restoration of representative democracy will require a realistic re-evaluation of its virtues so that these can be protected and a re-imagination of the possibilities and limits of parliaments within such a landscape. [ABSTRACT FROM AUTHOR]

In this article, the author discusses the making of polity and democracy in the European Union (EU) as the European disintegration is proving to be not simply a theoretical possibility but an actual reality with Brexit. It mentions EU taken a normative challenges in an age of globalization and particular value for scholarship on global climate change, global justice and transnational democratic governance. It also mentions emergence of an overarching constitutional identity.

The United Kingdom (UK) has voted to leave the European Union (EU). Ever since the deficiencies of Art. 50 TEU allowing for an exit from the EU ('Exit') have caused legal uncertainty. This article intends to shade light on the main questions causing this uncertainty: In a first main part it elaborates on the requirements to be met in order to invoke Art. 50 TEU. As of now, it is discussed highly controversially if a notification pursuant to Art. 50 TEU is conditional upon the compliance with national constitutional requirements and if such a notification can be unilaterally revoked. It is found that national constitutional requirements have to be met before Art. 50 TEU can be invoked and that a notification is not unilaterally revocable. Furthermore, this part elaborates on the requirements for the conclusion of an Exit-agreement as well as the consequences of an Exit without an Exit-agreement. The second main part of the article shifts perspective to potential future legal relations between a former Member State and the EU. It structures possible legal consequences by classifying four different scenarios: (1) No Exit, (2) Exit and the former Member State remaining member of the EEA on the side of EFTA, (3) Exit and bilateral approach compared e.g. to Switzerland, Turkey or Canada (4) Exit and no more direct legal connections between the EU and the former Member State besides multilateral international treaties. In a third part these scenarios are tested on their legal consequences in certain areas of law most of them relating to European business law. Of course, this article can by no means address all affected areas of law and had to make a choice. [ABSTRACT FROM AUTHOR]

On 23 June 2016, the United Kingdom voted to leave the European Union, by a rather small majority. Although much about the future relations between the EU and the UK remains uncertain, it is already possible to explore in more detail the issues of democracy, political community and citizenship which were thrown up by this referendum result. The article explores the reconstruction of the vote as the ‘will of the people’, in the light of the principle of demoi-cracy which suggests a more nuanced approach to the issue of democratic consent in complex multi-level polities such as the UK and the EU. Specific questions are raised about the narrowness of the referendum franchise, and about the consequences that flow from the territorially differentiated result of the referendum, with Scotland in particular voting strongly ‘to remain’. [ABSTRACT FROM PUBLISHER]

The article focuses on the decision of Great Britain's Supreme Court in the case R (Champion) v North Norfolk District Council which watershed in the approach of the British courts to European Union (EU) environmental law challenges. It mentions that domestic principles of discretion will apply to public law remedies and procedural rights from the Environmental Impact Assessment (EIA) Directive of EU. It also mentions that legal order following the Brexit and the monitoring of water quality.

This article discusses the early stages of the Art 50 TEU process, and those aspects that relate most clearly to British constitutional law. Its overarching theme is that the Brexit process is rendered highly problematic by the lack of any coherent conception of the British Constitution. Different parties settle on interpretations of constitutional law that support their case, but often there is no determinative answer. Three broad issues are examined in order to substantiate this claim: the EU Referendum, the triggering of Article 50, and the Devolution aspect of Brexit. I argue that each of these issues reveals tensions and competing constitutional interpretations that suggest that the British Constitution is ill-equipped to deal with Brexit. [ABSTRACT FROM AUTHOR]

The article discusses the impacts of the 2016 Brexit Referendum towards the issues on its international commercial arbitration with the members of the European Union and highlights the European Union (EU) competition law disputes.

Whether a 'Brexit' would threaten the United Kingdom's national security has become a central theme in the run-up to the in/out referendum on EU membership. Although national security has been a central facet of both the 'Remain' and 'Leave' campaigns thus far, there has been little mention of the implications of a Brexit for UK defence industries or defence procurement, let alone formal debate or analysis. The article addresses this gap by analysing the potential implications of a Brexit for defence procurement and industries in the UK and the EU member states. The first section analyses the policy context for a Brexit by exploring existing levels of EU defence procurement integration in the UK's and Europe's defence industries. The second section draws on Jozef Bátora's 'institutional logics' framework to identify two pro-Brexit and two pro-Remain narratives, each employing differing assumptions on the relative benefits of national sovereignty and closer EU integration The final section analyses the way in which these 'logics' or narratives will be deployed by their advocates in the run-up to the UK's EU referendum. The article concludes that the national security battleground in the 2016 referendum will be fought over competing narratives and arguments, partly because there is a dearth of data and evidence concerning UK and EU defence procurement and industries, which renders this crucial area of national security vulnerable to the politics of spin. [ABSTRACT FROM AUTHOR]

A British exit from the EU would add to growing strains on the United States' relations with Britain and the rest of Europe, but by itself would not lead to a breakdown in transatlantic relations due to the scale of shared ideas and interests, institutional links, international pressures and commitments by individual leaders. It would, however, add to pressures on the US that could change the direction of the transatlantic relationship. From the perspective of Washington, Britain risks becoming an awkward inbetweener, beholden more than ever before to a wider transatlantic relationship where the US and EU are navigating the challenges of an emerging multipolar world. The article outlines developments in the UK, EU, Europe and the US in order to explain what Brexit could mean for the United States' approaches to transatlantic relations. By doing so the article moves beyond a narrow view of Brexit and transatlantic relations that focuses on the future of UK-US relations. In the conclusion we map out several ways in which US views of the transatlantic relationship could be changed. [ABSTRACT FROM AUTHOR]

The article discusses Supreme Court of Great Britain decision regarding Brexit referendum and the replacement of law by diplomacy in economic relationships with the European Union (EU). Topics include EU membership, Great Britain's parliamentary sovereignty, and progressive liberalism.

The article focuses on the impact of Brexit referendum on the intellectual property law of European Union (EU) and the future relevance of EU copyright legislation and the uncertainty of the Court of Justice of the European Union (CJEU).