Decision-Making and Dispute Settlement for the Withdrawal of the United Kingdom from the European Union

Abstract

This paper explores decision making and dispute settlement in the Withdrawal Agreement of the UK from the EU. After an introduction (Section 1), with a view to providing the relevant context for the decision-making and dispute settlement provisions of the Withdrawal Agreement, Section 2 recaps the controversial nature of the institutional mechanisms and in particular the jurisdiction of the CJEU during the negotiations. Subsequently, Section 3, presents the governance aspects of the agreement in terms of diplomatic and technical institutional bodies that it establishes. Section 4, then, is devoted to the dispute settlement provisions, including both the continued role of the Court of Justice of the EU and the new inter-party arbitration mechanism. Section 5, lastly, concludes and summarizes the papers main findings.

Keywords: EU, Dispute Settlement, Court of Justice, Decision-making, Withdrawal Agreement