Die Rechtsstellung des Vereinigten Königreiches in der WTO nach dem Brexit: Verfahren, Rechtslage, Herausforderungen

Abstract

The United Kingdom has not held full competence for external economic policy issues within the WTO since its foundation in 1995. That will change after Brexit. Among the questions arising while the Brexit negotiations drag along, are those concerning the position of the United Kingdom as a WTO-Member. Though the membership itself will remain untouched, the divorce from the EU will force the British government to take action regarding fundamental WTO-internal matters: schedules under GATT and GATS, public procurement, trade defense instruments and dispute settlement have — until now — been covered by European policy. This article discusses possible legal rules and challenges for a modification of the British WTO membership. It underlines that while the legal rules can be identified, a transparent and reliable repositioning of the United Kingdom in Geneva does mainly not rely on the law, but on political compromise among WTO Members.