Introduction
The exit or withdrawal of the United Kingdom from the European Union (EU) as a member state presents complications through international law doctrines. The legal complication of Brexit is well demonstrated in both its internal and international law mechanisms, especially the application of international treaties and legal frameworks where the EU signed representing the member states (Gee, Rubini & Trybus, 2018). Using international law doctrines, this essay discusses the issues that make the UK exit from the EU a complicated international law matter.
Sovereignty
The need for sovereignty is an international legal as well as political issue in the debate on the complicated nature of the UK withdrawal from the EU. By voting in a referendum in 2016 to leave the EU, most voters wanted to ensure that the country enjoyed its legal and political sovereignty in making laws and entering into international treaties that are beneficial to the Great Britain (Jones, 2018). Since its entry as a member state of the EU, the UK has resisted a deeper and highly integrated European Union. Sovereignty implies that the UK has the discretion to make laws that favor its domestic policies. However, as a member of the EU, the UK believes that the European Parliament in Brussels was usurping this role and limiting its legal abilities to make laws.
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Exiting the EU means that Britain will regain its national, parliamentary as well as popular sovereignty (Wessel, 2017). National sovereignty manifests as the outward national independence while parliamentary sovereignty is viewed as the internal sovereignty. However, sovereignty is a complicated matter because of the Brexit in relation to the issue of the union. In the referendum in 2016, both Scotland and Northern Ireland voted to stay in the EU whereas England and Wales voted to leave. As such, Brexit complicates the legal complication in relation to sovereignty as two regions that are semi-autonomous voted to remain in the EU.
External & Divisions of competence
By leaving the EU, the UK will have to adjust its international legal position and certain components of its statehood. The country will not use the EU position in international treaties like the World Trade Organization provisions where the EU negotiated and signed agreements with the organization on behalf of member states. The implication is that the UK will have to counter a major shift as it transitions from being a member of the EU to a non-member (Tromans, 2018). The implication is that the country will have to negotiation in Inter alia international agreements. For instance, it implies that besides negotiating with international trading blocs and organization as an independent state, it will also have to negotiate with EU and in some cases individual member states within the EU.
The division of competence implies that the EU holds exclusive competence in different areas in international relations. Member states in the EU rely on the union and its expertise to negotiate and complete international agreements (European Parliament, 2017). Therefore, the Brexit will imply that the UK should negotiate its own competence on the international level as well as ensuring its internal competence is effective. The exit from the EU will render Britain less competent and call on the nation to respect the concept of division of competences (Henley, 2018). The millions of British citizens living in EU member states would face increased bureaucracies and unfavorable treatment as they travel and transact business in different member states.
Conclusion
It is evident that by withdrawing from the EU, the UK will counter many legal issues that make its Brexit not only complicated but also less desirable for its citizens living in other EU member states. The exit of Britain from the EU presents a complicated legal situation for its internal as well as international competence in negotiating and concluding effective legal frameworks for its interests and citizens.
References
European Parliament (2017). The Implication of the United Kingdom’s withdrawal from the European Union for the Area of Freedom, Security and Justice. Retrieved from http://www.europarl.europa.eu/RegData/etudes/STUD/2017/596824/IPOL_STU(2017)596824_EN.pdf
Gee, G., Rubini, L., & Trybus, M. (2018). Leaving the EU? The Legal Impact of “Brexit” on the United Kingdom. Institute of European Law; Retrieved from https://www.birmingham.ac.uk/Documents/college-artslaw/law/iel/leaving-EU-legal-impact-brexit-gee-rubini-trybus.pdf
Henley, J. (2018 November 14). Brexit deal: key points from the draft withdrawal agreement. Retrieved from https://www.theguardian.com/politics/2018/nov/14/brexit-deal-key-points-from-the-draft-withdrawal-agreement
Hunt, A. & Wheeler, B. (2019). Brexit: All you need to know about the UK leaving the EU. Retrieved from https://www.bbc.com/news/uk-politics-32810887
Jones, D. L. (2018). Brexit and the Future of English Law. Retrieved from http://www.nzlii.org/nz/journals/VUWLawRw/2018/1.pdf
Tromans, S. (2018). Brexit, Braxatom, the Environment and Future International Relations. Retrieve from https://www.cigionline.org/sites/default/files/documents/Brexit%20Series%20Paper%20no.9_2.pdf
Wessel, R. A. (2017). Consequences of Brexit for International Agreements Concluded by the EU and its Member States. Retrieved from https://www.utwente.nl/en/bms/pa/research/wessel/wesselconf15.pdf
