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The “EU Brexit” implication on a single banking license and other aspects of financial markets regulation in the UK

Norman Mugarura (Global Action Research and Development Initiative Limited, London, UK)

International Journal of Law and Management

ISSN: 1754-243X

Article publication date: 11 July 2016

5391

Abstract

Purpose

The aim of the paper is to provide a review of potential Britain’s exit from the European Union (EU) and its implication on financial markets regulation in the EU and UK. It explores the terrain for financial markets regulation in the EU, pointing out how it impinges on the national legal system of EU countries and what it could mean for the UK. It navigates the legal reforms the UK will have to undertake to fill the void caused by its exit from the EU. Lastly, the paper proffers its thoughtful analysis of the reform to undertake if the UK exited the EU, both in the UK and the EU.

Design/methodology/approach

The paper has internalized empirical data generated by different interest groups on the implication of potential British exit from the EU on markets and other core issues which underpin the UK/EU relationship. These data were available in most major UK newspapers, academic journals and textbooks, especially in expositing conceptual and theoretical issues underpinning the paper. It has drawn comparisons with other jurisdictions, especially in East Africa, to demonstrate the inherent challenges in integration of regional markets on individual member countries. The paper also articulates other regulatory issues such as mutual recognition and the cost of Brexit on businesses in the EU/UK.

Findings

The findings of the paper confirm that British interests are likely to be better protected if it remains the member of the EU but could be undermined if it relinquishes its membership. Studies have been carried out by academic think tanks and the International Monetary Fund (IMF), and they all indicate that British exit from the EU could be counterproductive for the UK. Contemporary global challenges need global solutions, thus Britain will still need to forge alliance with EU countries.

Research limitations/implications

The limitation of the paper was that there are not many comparative studies carried out on countries which have exited regional market initiatives and their experiences after that. The paper has alluded to the experience of Uganda, which quit the East African Community (EAC) in 1977 and rejoined it 23 years later. In a crucial issue like Brexit, the paper would better evaluate the potential Brexit is drawing on experiences of countries which have exited and how they have fared after that. There were not many comparable case studies on countries which have exited regional markets.

Practical implications

The paper discusses important practical issues relating to Brexit and its implications on the UK/EU government and economies. It is practical because it weighs in on important policy and legal issues on regulation of markets in the post-Brexit era in the UK and EU. As the UK government goes for a referendum to decide its future relationship with EU, it will need to evaluate its decisions by internalizing academic literature on Brexit, such as this paper.

Social implications

The paper has social implications because Brexit will affect people and markets in varied ways. It addresses pertinent issues related to the UK and its implication in the post-Brexit era on the UK/EU economies.

Originality/value

The paper is timely, original and a must read because it discusses pertinent issues of the potential British exit and its implication for the UK and other stakeholders in a distinctive way.

Keywords

Citation

Mugarura, N. (2016), "The “EU Brexit” implication on a single banking license and other aspects of financial markets regulation in the UK", International Journal of Law and Management, Vol. 58 No. 4, pp. 468-483. https://doi.org/10.1108/IJLMA-02-2016-0018

Publisher

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Emerald Group Publishing Limited

Copyright © 2016, Emerald Group Publishing Limited

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