Brexit in the light of the international law on treaties
Brexit in the light of the international law on treaties
Author(s): Tijana ŠurlanSubject(s): Law, Constitution, Jurisprudence
Published by: Институт за међународну политику и привреду
Keywords: international law on treaties; international customary law; EU law; negotiations; accession; withdrawal
Summary/Abstract: The European Union presents a unique organism. It is international organization sui generis, characterized as supranational. Specific relations and ties bound states united in the European Union, thus posing an intriguing question – is a withdrawal from the EU an option at all. The Treaty of Lisbon has identified for the first time the option of termination of the membership status. After Brexit, the withdrawal clause has come under attention and in the near future, it will be applied. Compliance with the withdrawal clause is a long-term process. It supposes negotiating period and conclusion of a new international treaty. As first ever in the history of the EU, it will for sure generate precedents, and be an important reservoir of experience, for all potential future cases. Nevertheless, the main focus of this paper is on resolving the relation between general international law and EU law. The importance of this relation can emerge in the situation if there is no arrangement between the EU and Great Britain on elements of the termination of the member status.
Journal: The Review of International Affairs
- Issue Year: LXVII/2016
- Issue No: 1164
- Page Range: 59-73
- Page Count: 15
- Language: English
