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The consequences of Brexit for regulatory competition and the approximation of commercial law

Renaudin, Muriel ORCID: 2022. The consequences of Brexit for regulatory competition and the approximation of commercial law. Andenas, Mads and Heidemann, Maren, eds. Quo Vadis Commercial Contract? Reflections on Sustainability, Ethics and Technology in the Emerging Law and Practice of Global Commerce, London Centre for Commercial and Financial Law Book Series, Springer Nature,

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This chapter proposes to critically discuss the legal consequences of Brexit for the future of legal reforms of the laws governing cross border commercial transactions for both the United Kingdom (UK) and the European Union (EU). It investigates the extent to which Brexit may impact the key dynamics of European economic integration and the extent to which it may affect future commercial law reforms in the EU and the UK. This chapter contends that while Brexit may reduce opportunities for legal innovation by weakening legal competitiveness and approximation of laws within Europe, it may also create an impetus for law reform both in the UK now freed from the EU and, within the EU through a facilitated approximation of laws. Whilst it is not the aim of this analysis to predict the evolution of both the UK and the EU regulatory frameworks for commerce, it envisages different scenarios through the lenses of economical, legal, and geopolitical factors as well as the regional and global international regulatory contexts. The chapter concludes with a general discussion of the extent to which Brexit fundamentally challenged the transnationalisation of commercial laws which may spark a significant turning point for its future trajectory.

Item Type: Book Section
Date Type: Publication
Status: In Press
Schools: Law
Subjects: K Law > K Law (General)
Publisher: Springer Nature
Last Modified: 10 Nov 2022 09:58

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