Lloyd's Maritime and Commercial Law Quarterly
EUROPEAN UNION MARITIME LAW
Simon Baughen*
UK REFERENDUM
213. The UK Referendum: “Brexit”
On 23 June 2016 the people of the United Kingdom voted in a referendum to leave the EU. Notice to leave the EU under the EU Treaty, Art.50 was given on 29 March 2017, following passing of the European Union (Notification of Withdrawal) Act 2017, with the effect that after two years the United Kingdom will cease to be a member of the EU. With the repeal of the European Communities Act 1972, all EU legislation—Regulations, and secondary legislation implementing Directives pursuant to the powers granted by the European Communities Act 1972, s .2(2)—will then cease to have effect in the UK. The UK Government has proposed a Great Repeal Bill which would retain EU legislation as part of UK law on the repeal of the European Communities Act 1972.
INTERNATIONAL CONVENTIONS
214. Hague Convention on Choice of Court Agreements 2005 (“the Hague Convention”)
The Convention was ratified by the EU (excluding Denmark) and came into effect on 1 October 2015. Two other states have ratified the Convention: Mexico, and Singapore (ratifying on 2 June 2016). The Convention applies only to wholly exclusive jurisdiction agreements in favour of the courts of one Contracting State (or one or more courts within one Contracting State). Its provisions are similar to those in Art.25 of the Brussels Regulation Recast.
The Convention does not apply to exclusive jurisdiction agreements in consumer or employment contracts, and does not apply to various matters, including; insolvency; carriage of passengers or goods; anti-trust/competition; rights in rem in immovable property, and tenancies of immovable property; the validity, nullity or dissolution of legal persons, and the validity of decisions of their organs; various matters concerning the validity or infringement of intellectual property rights; the validity of entries in public registers; arbitration and related proceedings.
European Union Maritime Law
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