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The Law & Politics of Brexit: Volume IIThe Withdrawal Agreement$
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Federico Fabbrini

Print publication date: 2020

Print ISBN-13: 9780198848356

Published to Oxford Scholarship Online: December 2020

DOI: 10.1093/oso/9780198848356.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 November 2021

The Ratifications

The Ratifications

Chapter:
(p.83) 4 The Ratifications
Source:
The Law & Politics of Brexit: Volume II
Author(s):

Paul Craig

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198848356.003.0004

This chapter assesses the ratification of the Withdrawal Agreement by clarifying the means by which the UK and the EU gave effect to the exit treaty. It begins by looking at the ratification and legal implementation from the UK legal perspective. The UK is a dualist country as regards the relation between treaties and UK law. A treaty may therefore bind the UK at the international level, but will have no effect in UK domestic law unless and until it is ratified and incorporated into UK law via statute. The chapter sets out the foundational principles concerning dualism and explains the process through which the UK implemented the Withdrawal Agreement so as to satisfy the dualist precept. It also considers the interconnection between the EU Withdrawal Act 2018 and the EU Withdrawal Agreement Act 2020. The chapter then examines the ratification and its legal consequences from the EU perspective.

Keywords:   Withdrawal Agreement, UK, EU, exit treaty, treaties, UK law, dualism, EU Withdrawal Act 2018, EU Withdrawal Agreement Act 2020

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