Brexit and the WTO: What Happens Next

Authors

Andrea Xu, University of Michigan Law School

Abstract

In the summer of 2016, the United Kingdom (the “UK”) announced its decision to leave the European Union (the “EU”). This decision, more commonly known as “Brexit,” subsequently stirred British politics, which included Theresa May replacing David Cameron as Prime Minister. Brexit created a unique situation in European and global politics, and instigated a discussion among politicians, academics, economists, and the likes about how the UK will leave the EU and Brexit’s implications in the UK, Europe, and the world as a whole.

This Note analyzes one specific aspect of Brexit: the administrative procedures the UK must undergo to establish itself as an independent Member State in the World Trade Organization (“WTO”). This Note solely focuses on the UK’s Schedule of Concessions and considers three possible administrative proceedings that address the UK’s challenges with its Schedule of Concessions. This Note advances the argument that the most realistic administrative proceeding will be for the UK to de facto adopt the EU’s Schedule of Concessions under Article XXVI:5(c) and invoke the UK’s right to reserve to renegotiate certain provisions of its Schedule of Concessions under Article XXVIII of the 1947 General Agreement on Tariffs and Trade (the “GATT”). This procedure will allow the UK greater freedom to choose its own trade policies and draft a Schedule of Concessions in the shortest period, thus mitigating a potentially severe disruption in international trade.

Recommended Citation

Andrea Xu, Brexit and the WTO: What Happens Next, 7 Mich. J. Env't. & Admin. L. 179 (2017).
Available at: https://repository.law.umich.edu/mjeal/vol7/iss1/6