The withdrawal of the United Kingdom from the European Union (Brexit) is not only a source of political and legal upheaval in Europe but will also prompt a recalibration of transatlantic treaty... Show moreThe withdrawal of the United Kingdom from the European Union (Brexit) is not only a source of political and legal upheaval in Europe but will also prompt a recalibration of transatlantic treaty relations. This Article argues that it is a gross oversimplification to conceive of the latter as sets of old and new bilateral relationships. Instead, Brexit affects many existing and interdependent triangular relationships that the United States maintains with the EU and its Member States, which are conditioned also by the foreign relations laws of these polities. Perhaps counterintuitively, recalibration in the “high politics” area of security and defense will be easier than in the “low politics” of trade and regulation. In elaborating on these arguments, this Article delves into three levels of complexity: First, the empirical challenge of determining the treaties in force between the EU and United States and by which the UK will cease to be covered; second, the transatlantic implications of available alternative models to EU membership for the UK; and third, the way forward in ensuring continuity and bringing about future agreements and cooperation in the EU-UK-U.S. triangle, seeing that the EU itself is a moving target due to ongoing reform efforts. Show less
Considering the implications of the Transatlantic Trade and Investment Partnership (TTIP) for the architecture of global (economic) governance, including the international rule of law, the article... Show moreConsidering the implications of the Transatlantic Trade and Investment Partnership (TTIP) for the architecture of global (economic) governance, including the international rule of law, the article addresses some of the most pertinent systemic consequences TTIP is likely to produce, based on the shape the agreement is currently taking. The article’s main arguments are that despite representing innovation and added value in some areas, TTIP may produce negative consequences in at least three respects. Firstly, it will cater to an imbalance in terms of access to justice in the area of investment protection; secondly, by providing a way out for the World Trade Organization's (WTO) two most active litigants, it can contribute to the de-judicialization of international trade law; and thirdly, it creates potential for a fierce backlash from the rest of the world as regards the global promotion of an overtly transatlantic regulatory and normative agenda. Show less
