A post-Brexit UK could look to the “controversial” dispute system between Canada and the EU as a replacement for the jurisdiction of the Court of Justice of the European Union (CJEU), a law professor has suggested.
The Brexit White Paper proposes to end the jurisdiction of the CJEU in the UK, and envisages a “new comprehensive, bold and ambitious free trade agreement” with the EU which “may take in elements of current Single Market arrangements”, as well as a soft border between Northern Ireland and the Republic of Ireland. But what form of dispute resolution system will replace the CJEU?
Trevor Tayleur, associate professor at The University of Law, said: “If post-Brexit an EU member state were to restrict imports from the UK unlawfully and the UK wanted to challenge that restriction (or vice versa), then there needs to be a tribunal to adjudicate upon the dispute.
“An effective free trade agreement does require some form of supra-national enforcement mechanism which limits the freedom of action of the parties to it, so where
