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Creating a Future Process on the Conclusion of ITAs within the UK

Clinic: Georgetown University Law, Spring 2019

Beneficiary: An Organisation based in the UK


Executive Summary

Read the full report here

Image Credit: MaxPixel


The UK´s exit from the European Union (EU) is not only the UK´s departure from the EU as a supranational organization, but also reflects a general rejection of the EU as a form of hyper-globalization manifested in the imbalance between the expansive supranational regulation of the single market and nationally-driven political authority. In the area of international trade, Brexit will give the UK Government the chance to craft its own trade policy and a treaty-making process that may respond to the specific needs of the UK. Further, Brexit is a unique opportunity for the UK to acknowledge the recent backlash against comprehensive free trade agreements and learn from other countries’ challenges. Failure to address the public’s yearning for a more inclusive and transparent trade treaty-making process may exacerbate domestic tensions and squander this rare opportunity.


In the spirit of learning from others’ successes and failures, this report cultivates the different ways in which the United States, Canada, and the European Union negotiate, approve, and implement international trade agreements. Utilizing these information, the report provides a detailed explanation of essential elements that a modern and inclusive trade treaty-making process may require in order to enable the UK to meet the challenges that far-reaching comprehensive free trade agreements pose, and ultimately to successfully negotiate and conclude such trade agreements. In case of a “no deal” scenario, Brexit makes it necessary to establish a new trade treaty-making process which follows the parameters of transparency, accountability and efficiency in a balanced manner throughout the four phases of pre-negotiation, negotiation, approval and post-ratification.


The proposed model treaty-making process is guided by three parameters: efficiency, transparency, and accountability. In light of the anal