So close, yet so far: The EU/UK Trade and Cooperation Agreement

The recent EU/UK Trade and Cooperation Agreement is a complex treaty covering a wide range of trade and criminal law cooperation issues. It raises a number of legal issues, for instance as regards its legal effect, legal basis, termination or suspension, and dispute settlement. This article examines the general legal issues relating to the Agreement, discussing in particular its attempts to draw a line under the EU membership of the UK, placing the legal relationship firmly on the basis of international law. It examines how this compares to the Withdrawal Agreement and other EU relationships with non-EU countries, looking in detail in particular at the termination and suspension, dispute settlement, and “level playing field” provisions of the treaty.