Among the legal complexities raised by Brexit are the consequences of withdrawal from the European Union (EU) upon more than a thousand bilateral and multilateral international agreements concluded by the EU on matters such as trade, fisheries, human rights, or private international law. The present paper investigates whether agreements concluded by the EU will continue to apply to a former Member State. It further examines the legal implications of withdrawal from the EU concerning mixed agreements and other treaties entered into by the withdrawing State, that are strictly connected to its EU membership. The paper discusses the “functional succession” doctrine, by emphasizing that – although it might have enhanced the principles of continuity of treaties and legal certainly – it has not been confirmed by international practice.
Gli effetti del recesso dall’Unione Europea sui trattati conclusi dall’Unione Europea e dallo Stato recedente
Simone Vezzani
2019
Abstract
Among the legal complexities raised by Brexit are the consequences of withdrawal from the European Union (EU) upon more than a thousand bilateral and multilateral international agreements concluded by the EU on matters such as trade, fisheries, human rights, or private international law. The present paper investigates whether agreements concluded by the EU will continue to apply to a former Member State. It further examines the legal implications of withdrawal from the EU concerning mixed agreements and other treaties entered into by the withdrawing State, that are strictly connected to its EU membership. The paper discusses the “functional succession” doctrine, by emphasizing that – although it might have enhanced the principles of continuity of treaties and legal certainly – it has not been confirmed by international practice.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
