Ulrich G Schroeter
Ulrich G. Schroeter is professor of private and comparative law at the University of Basel. He teaches and publishes on topics of commercial law, contract law, international trade law, arbitration, treaty law and financial markets regulation. Much of his current writing deals with the 1980 Vienna Sales Convention (CISG). His works have been cited by courts in Australia, Austria, Germany, the Netherlands, Switzerland and the United States of America as well as by Advocates General at the European Court of Justice.
Prior to taking up his position in Basel in 2017, Ulrich was a professor of law at the University of Mannheim (Germany) where he held the Chair for Private Law, International Corporate and Financial Markets Law, European Business Law (2012–2017). He was educated at the Albert-Ludwigs-University Freiburg (Germany) and the University of Lausanne (Switzerland). Ulrich received a Doctor iuris from the Freie Universität Berlin before completing his post-doctoral qualification (Habilitation) at the Albert-Ludwigs-University Freiburg. He was a Visiting Fellow at and is now a Life Member of Clare Hall, University of Cambridge.
Prior to taking up his position in Basel in 2017, Ulrich was a professor of law at the University of Mannheim (Germany) where he held the Chair for Private Law, International Corporate and Financial Markets Law, European Business Law (2012–2017). He was educated at the Albert-Ludwigs-University Freiburg (Germany) and the University of Lausanne (Switzerland). Ulrich received a Doctor iuris from the Freie Universität Berlin before completing his post-doctoral qualification (Habilitation) at the Albert-Ludwigs-University Freiburg. He was a Visiting Fellow at and is now a Life Member of Clare Hall, University of Cambridge.
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Against this background, it is interesting to note that legal analyses of Brexit generally assume that the UK’s EEA membership will be terminated ipso iure, should the UK decide to withdraw from the EU. According to this view, the UK subsequently could (re-)apply for EEA membership should its government so choose, with such an application having to be accepted by all remaining EEA Contracting Parties – an option commonly referred to as the ‘Norway option’ in reference to Norway’s status within the EEA. The present article challenges the underlying (and often merely implicit) assumption that the UK’s withdrawal from the EU will automatically result in its withdrawal from the EEA, given that the EEA Agreement is a separate international treaty subject to separate legal rules governing withdrawals and effects of possible changes in EU membership. It argues that a withdrawal from the EU will in fact not affect the UK’s continuing EEA membership, as long as the UK does not voluntarily choose to also withdraw from the EEA. It then analyses the post-Brexit situation under the EEA Agreement by addressing its practical application to a number of different areas, as inter alia the free movement of UK companies within the EEA, the future of the ‘European passport’ for UK credit institutions and investment firms, as well as the free (but possibly restrictable) movement of workers in the EEA.
Against this background, it is interesting to note that legal analyses of Brexit generally assume that the UK’s EEA membership will be terminated ipso iure, should the UK decide to withdraw from the EU. According to this view, the UK subsequently could (re-)apply for EEA membership should its government so choose, with such an application having to be accepted by all remaining EEA Contracting Parties – an option commonly referred to as the ‘Norway option’ in reference to Norway’s status within the EEA. The present article challenges the underlying (and often merely implicit) assumption that the UK’s withdrawal from the EU will automatically result in its withdrawal from the EEA, given that the EEA Agreement is a separate international treaty subject to separate legal rules governing withdrawals and effects of possible changes in EU membership. It argues that a withdrawal from the EU will in fact not affect the UK’s continuing EEA membership, as long as the UK does not voluntarily choose to also withdraw from the EEA. It then analyses the post-Brexit situation under the EEA Agreement by addressing its practical application to a number of different areas, as inter alia the free movement of UK companies within the EEA, the future of the ‘European passport’ for UK credit institutions and investment firms, as well as the free (but possibly restrictable) movement of workers in the EEA.