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52 Geo. J. Int'l L. 679 (2020-2021)
Brexit - The Legal Intricacies in Rolling over EU PTAs

handle is hein.journals/geojintl52 and id is 696 raw text is: BREXIT - THE LEGAL INTRICACIES IN ROLLING OVER EU PTAS GIRISH DEEPAK* ABSTRACT Considering the severe impact of Brexit on the United Kingdom's trade regu- latory mechanism, the focus of most scholarly work has been on the structure and possibility of concluding a deal with the European Union to regulate trade once the United Kingdom leaves the European Union. Since this forms the bulk of the United Kingdom's trade, it is understandable that the primary focus has been on concluding these negotiations. However, equally important to this exer- cise would be the replication of the EU's existing agreements with third party countries. This exercise of rolling over EU treaties has received comparatively less scholarly attention, which is what this research attempts to remedy. Considering the number of such agreements which need to be replicated, this Article focuses on the key treaty negotiation issues that the United Kingdom may face and suggests a structured negotiation strategy that the United Kingdom could follow while forming these roll-over arrangements. This is di- vided primarily into two categories of general modifications and substantive modifications. Following this exercise of studying the current strategies, the research suggests potential areas of improvement, including in the GSP regime. This exercise is crucial to achieve some of the highly publicized gains of Brexit, so that some benefits may be reaped finally from this otherwise expensive divorce. I. BREXIT - POLITICAL, ECONOMIC, AND LEGAL CONSIDERATIONS . . . 680 A . Introduction .................................. 680 B. List of Provisionally Applied and Concluded Treaties...... .683 C. Comparison of Post-Brexit Options ................... .687 D. Importance of PTAs after Brexit ..................... . 688 II. ISSUES IN THE ROLLOVER OF EU TRADE TREATIES . . . . . . . . . . . . 689 A. Position of United Kingdom in Existing EU Treaties ...... . 689 1. Types of EU PTAs ......................... .690 2. Personal Scope of the PTAs .................. 693 3. Territorial Scope of the PTAs ................ 694 * PhD Candidate, University of Vienna. I would like to thank Professor Joost Pauwelyn for his suggestions and generous support in this research. Special thanks to the editors of Georgetown Journal of International Law for all their comments and suggestions to improve the quality of this work. All errors are my own. © 2021, Girish Deepak. 679

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