O'Brien, K; Hördt, M; Hornung, L; (2021) Der Anfang vom Ende? Das finale (?) Brexitabkommen und seine Auswirkungen auf Irland Teil 3: Fischerei und Rechtsschutz. Europäische Zeitschrift für Wirtschaftsrecht , 32 (12) pp. 534-540.

Text Der Anfang vom Ende- Das finale (-) Brexitabkommen und seine Auswirkungen auf Irland - beck-online Teil 3.pdf - Published Version Access restricted to UCL open access staff Download (213kB)

Abstract

The third and final part of this series of articles focuses on fisheries, remedies and the ways in which the agreement might be terminated. Despite the relatively small economic importance of fisheries measured in terms of GDP, this topic provides apt illustration of the mutual resentment prevalent at times throughout the negotiations. It also seems to indicate that the remedies foreseen in the Trade and Cooperation Agreement have yet to prove their worth. The Trade and Cooperation Agreement relies primarily on dialogue as a solution and on arbitration thereafter. Additional judicial instances or even recourse to the CJEU have been ruled out, with the notable exception of protocol on Ireland and Northern Ireland, for which the CJEU is responsible. It remains to be seen how these mechanisms will work in practice. Finally, this part addresses the ways in which the Trade and Cooperation Agreement might be terminated, a step which could have serious legal, economic and political consequences for the island of Ireland.

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