The importance of EU rules to maintaining open borders within Ireland has been at the centre of UK and EU negotiations. Yet what is less appreciated is the significance of those rules for achieving frictionless trade between England, Scotland and Wales. In this Briefing Paper, the authors highlight that leaving the EU could create new border trade barriers inside the UK, and opens up questions about how – and whether – the devolved nations will unite with England on external trade agreements. They argue that a US trade negotiation poses a serious threat to the unity of the United Kingdom because it would likely require changes to UK domestic legislation in very sensitive areas, including drug pricing and food safety regulation, which Scotland, with its large Remain-voting majority and stated desire to maintain alignment with EU regulation, would strenuously oppose. The authors argue that devolved nations should have a formal role in the setting of UK negotiating objectives, to ensure, among other things, that external trade agreements do not lead to internal trade barriers. Read Briefing Paper 38: DESTRUCTION OF THE UNION: TOO HIGH A PRICE TO PAY FOR A US TRADE AGREEMENT

As set out in the EU Withdrawal Act (2018) the government’s approach to Brexit is to transfer EU law into UK law and address any deficiencies in that law by secondary legislation. This Briefing Paper examines post-Brexit food safety legislation and finds that the UK’s post-Brexit  safety rules fall short of the level of protection currently provided by the EU and, in some cases, they give ministers broad discretion to make future changes without full parliamentary scrutiny.  This would provide a relatively clear path for a UK Prime Minister to overcome parliamentary opposition to any new trade agreements that cover agricultural and food products, such as US-UK FTA. Also, Brexit food safety legislation allows for devolution which could undermine both the UK’s ability to undertake a unified approach to external trade agreements and also the maintenance of the UK’s internal free movement of goods. Read Briefing Paper 37 BREXIT FOOD SAFETY LEGISLATION AND POTENTIAL IMPLICATIONS FOR UK TRADE: THE DEVIL IN THE DETAILS

Within days of Mr Johnson becoming Prime Minister, President Trump announced that talks about a “very substantial” trade deal with the UK are under way. In this joint Briefing Paper with colleagues from Georgetown University and UKTPO fellows, we consider the effects that Brexit uncertainty is likely to have on the capacity of the UK to agree a deal with the US and ask whether a deal is politically even possible in the UK.  We investigate key issues in negotiating a bilateral agreement: the backstop and the problems posed by the EU and US standards regimes. The paper also explores the prospects and pitfalls of the US Government guidelines for negotiations between the US and the UK; the US’s potential strategic position on services and the declining importance of the UK and Europe as traditional places of spending for US multinational corporations especially in the areas of information technology soft- and hardware. Overall we conclude that while the governments involved see obvious political attractions in a UK-US free trade agreement, a quick and economically significant conclusion to the talks seems unlikely. Read Briefing Paper 34 – THE FUTURE OF UK-US TRADE: AN UPDATE

Both US President Donald Trump and UK Prime Minister Theresa May have stated their keenness to negotiate and agree the groundwork for a bilateral trade agreement after Brexit. This briefing paper looks at what the key issues are likely to be and what a transatlantic agreement may, or may not, comprise. First, we explore the extent to which a trade agreement between the US and the UK would have popular support at a time when debate about trade on both sides of the Atlantic is contested. Second, we consider what the benefits of such an agreement might be by considering the aggregate economic case. Finally, we probe where problems and tensions may lie, focusing primarily on the regulatory aspects of a transatlantic commercial tie-up. Read Briefing Paper 20 – The Future of US-UK Trade: What case for a bilateral trade agreement?

As the UK contemplates new trade agreements, it needs to develop mechanisms to ensure that these uphold its commitment to environmental protection and high labour standards.  This paper examines approaches to integrating sustainable development objectives into the negotiating process and reflecting these objectives through trade agreements. The UK’s ability to take leadership in this area will hinge on its ability to develop a robust framework to ensure that the negotiation process is transparent and allows for public consultation, and that the impact of new trade agreements – including on the environment and vulnerable populations – are assessed and addressed. In this respect, the UK can draw from, and improve upon, the EU’s experience with Sustainability Impact Assessment.  The paper also highlights implications of the UK’s inheritance of the EU’s ‘cooperative approach’ to trade and sustainable development through the continuation of its trade agreements. Read Briefing Paper 19 – Integrating sustainable development objectives into UK trade policy

The EU Customs Union and Single Market created a significant volume of trade between the UK and the EU and stimulated the development of European value chains.The UK government has stated its intention to leave the Single Market and Customs Union and this remains the position of the leadership of both main political parties. Yet both enable a degree of integration far exceeding that attainable through any simple tariff-free Free Trade Area (FTA). In this briefing paper we examine the possibilities for maintaining some of these benefits in key sectors. WTO rules are drafted and applied in such a way that the UK and the EU27 could design a WTO-consistent trade agreement that goes some way towards preserving current trading conditions in a subset of sectors. We discuss how this might be achieved and also some of the limitations that such an approach entails. Read Briefing Paper 10 – AN A UK-EU FREE TRADE AREA PRESERVE THE BENEFITS OF THE SINGLE MARKET AND THE CUSTOMS UNION IN SOME SECTORS? 

Article 50 of the Treaty on European Union (TEU) will govern the UK’s withdrawal from the EU. Several aspects of the interpretation and application of Article 50 TEU pose particular challenges, including domestic controversy regarding the constitutional requirements for triggering Article 50 TEU, the short time-span of negotiation, and the uncertain role for the UK in trade negotiations with the EU and the rest of the world during the withdrawal process. This paper outlines these issues, focusing in particular on the EU and international trade dimensions of withdrawal, in order to provide clarity and highlight potential pitfalls affecting both the EU and the UK. Read Briefing Paper 4 – TRIGGERING ARTICLE 50 TEU A LEGAL ANALYSIS

This paper discusses the challenges for the UK as it attempts to redefine and renegotiate its post-Brexit foreign trading relationships. This briefing makes the assumption that the UK will not, after leaving the EU, remain part of the customs union. On this basis, the paper examines the nature of such trade negotiations; the scale of the negotiating tasks confronting the UK; and potential approaches that may reduce the immediate negotiating load. It also identifies the countries that should be prioritized for trading negotiations, and examines the likely resources that will be required to undertake these. Read Briefing Paper 2 – THE UK TRADE LANDSCAPE AFTER BREXIT