Undergraduate Module Descriptor

LAW2096: Brexit Law

This module descriptor refers to the 2018/9 academic year.

Module Aims

The teaching and learning on the module will be research-enriched, considering the latest developments in the area. You will develop your ability to analyse primary materials, engaging with relevant secondary sources. This should enable you to construct balanced legal arguments and take an informed view whilst using a wide range of materials. The specific objectives of the course are:

 

  • To provide advanced instructions in the main aspects of cross-border trade regulation in the post-Brexit era;
  • To examine critically the legal aspects of the EU-UK trade relationships;
  • To analyse the WTO rules in relation to trade and dispute settlement of trade disputes;
  • To study the impact of Brexit on UK competition law;
  • To consider the impact of Brexit on companies’ access to legal remedies in cross-border cases.

Intended Learning Outcomes (ILOs)

This module's assessment will evaluate your achievement of the ILOs listed here – you will see reference to these ILO numbers in the details of the assessment for this module.

On successfully completing the programme you will be able to:
Module-Specific Skills1. Demonstrate deep and systematic knowledge and understanding of regulatory and governance aspects in relation to the UK cross-border trade policy;
2. Undertake critical evaluation of the EU-UK trade relationships in the post-Brexit era;
3. Understand the rights and obligations arising out of the UK WTO Membership;
4. Understand the Brexit implications for disputes concerning cross-border trade and commercial transactions.
Discipline-Specific Skills5. Analyse and synthesise relevant primary and secondary sources considering important legal implications and various policy-options;
6. Identify central legal issues and problems concerning a regulatory framework;
7. Solve legal problems, identifying relevant issues and specifying the legal positions of parties to complex legal disputes.
Personal and Key Skills8. Construct a legal argument and take an informed view, whilst responding to essay-style questions and problem-style questions;
9. Coherently structure legal arguments with a view to presenting ideas and drawing conclusions, when completing specified tasks.

Module Content

Syllabus Plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will focus on the following topics:

 

Introduction: Theory of Legal Globalisation and Regulation

 

Governance Aspects of Law and Globalisation

Regulating cross-border trade – A Global perspective   

 

Legal Aspects of the UK/EU Trade Relationships

 

Brexit: Viable policy options facilitating cross-border trade and services

Abolishing/minimising fiscal barriers

Abolishing/minimising non-fiscal barriers (regulatory alignment)

 

WTO Law and UK

 

WTO Agreement: Main Principles and Provisions

Brexit: UK/EU (tariff rate quotas) and WTO

UK rights and obligations

 

Bilateral Free Trade Agreements with the Rest of the World

 

Trends in cross-border trade regulation

The legal implications of Brexit: Free Trade Agreements with the Rest of the World

 

Brexit and Competition Law

 

Setting out an effective competition law framework

Enforcing competition in cross-border cases post-Brexit

 

Dispute Resolution and Cross-Border Trade in the post-Brexit era

 

UK/EU Dispute settlement

Brexit and Companies’ Access to Legal Remedies

Learning and Teaching

This table provides an overview of how your hours of study for this module are allocated:

Scheduled Learning and Teaching ActivitiesGuided independent studyPlacement / study abroad
221280

...and this table provides a more detailed breakdown of the hours allocated to various study activities:

CategoryHours of study timeDescription
Scheduled Learning and Teaching Activities1616 x 1-hour Lectures
Scheduled Learning and Teaching Activities66 x 1-hour Seminars
Guided Independent Study46Individual research, reading and lecture/seminar preparation
Guided independent study20Formative assessment preparation
Guided independent study62Summative assessment preparation

Online Resources

This module has online resources available via ELE (the Exeter Learning Environment).

House of Lords, ‘Brexit: the options for trade’ HL Paper 72 <

https://publications.parliament.uk/pa/ld201617/ldselect/ldeucom/72/72.pdf

 

House of Lords, ‘Brexit: trade in goods’ HL Paper 129 <https://publications.parliament.uk/pa/ld201617/ldselect/ldeucom/129/129.pdf>

 

House of Lords, ‘Brexit: Justice for Families, Individuals and Businesses’ HL Paper 134 <https://publications.parliament.uk/pa/ld201617/ldselect/ldeucom/134/134.pdf>

 

HM Government, ‘The United Kingdom’s exit from and new partnership with the European Union’ <https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/589191/The_United_Kingdoms_exit_from_and_partnership_with_the_EU_Web.pdf >

 

Indicative Reading List

This reading list is indicative - i.e. it provides an idea of texts that may be useful to you on this module, but it is not considered to be a confirmed or compulsory reading list for this module.

J Hillman and G Horlick (eds), Legal Aspects of Brexit: Implications of the United Kingdom’s Decision to Withdraw from the European Union (Georgetown Law, Washington 2017)

 

P van den Bossche and D Prevost, Essentials of WTO Law (CUP, Cambridge 2016)

 

S Lester, B Mercurio and L Bartels, Bilateral and Regional Trade Agreements: Commentary and Analysis (2nd, CUP, Cambridge 2015)

 

W Twining, General Jurisprudence: Understanding Law from a Global Perspective (CUP, Cambridge 2009)

 

A Halpin and V Roeben (eds), Theorising the Global Legal Order (Hart Publishing, Oxford 2009)