This article analyses the United Kingdom’s (UK) ‘trade continuity programme’. The promise that, once outside the European Union (EU), the UK would strike new, lucrative trade deals continues to be... Show moreThis article analyses the United Kingdom’s (UK) ‘trade continuity programme’. The promise that, once outside the European Union (EU), the UK would strike new, lucrative trade deals continues to be an important part of the Brexiteers’ narrative. What the UK was compelled to do first, however, was to conclude ‘roll-over’ agreements to replace the trade agreements already made by the EU. This article posits that, contrary to expectations, the UK’s continuity programme should be regarded as a success – for both the UK and the EU. In most cases, the UK managed to replicate to a very large extent the terms originally granted to the EU, despite being a smaller market and despite challenging circumstances. From the EU’s perspective, the UK’s continuity programme can be regarded as a case of successful norm internalization and export. This first chapter of post-Brexit UK trade policy shows that even a country that has left the EU still legally commits itself and its partners to the EU’s norms and values. Hence, the EU should welcome the UK’s imitation as a shared normative basis to expand cooperation with its former member state in a challenging geopolitical environment. Show less
On 31 January 2020 the United Kingdom (UK) left the European Union (EU). In the European Parliament (EP), Members of the European Parliament (MEPs) cried together and folded flags. It marked the... Show moreOn 31 January 2020 the United Kingdom (UK) left the European Union (EU). In the European Parliament (EP), Members of the European Parliament (MEPs) cried together and folded flags. It marked the end of an era. At the end of that year, after much agony, the EU-UK Trade and Cooperation Agreement (TCA) was signed on 24 December 2020 and the ratification was completed in April 2021. The TCA allows both entities tariff-free, quota-free access to markets for goods. Services are not part of the TCA. Part of the agreement are also fishing rights as well as cooperation in the area of security (e.g., in the area of information sharing security related to matters of internal security), but no mention of security and defence collaboration. There are still many unresolved issues. Some of these issues involve fishing matters (Reuters, 2021). But collaboration in security and defence matters is also crucial as demonstrated by the need to deal with the war in Ukraine that erupted following the Russian invasion on 24 February. Show less
The Protocol on Ireland/Northern has the questionable honour of having its dispute settlement mechanisms being activated first under the new post-Brexit agreements between the EU and UK. This... Show moreThe Protocol on Ireland/Northern has the questionable honour of having its dispute settlement mechanisms being activated first under the new post-Brexit agreements between the EU and UK. This chapter highlights the two main hallmarks of the Protocol: on the one hand, being an integral part of the Withdrawal Agreement and the post-Brexit legal framework more broadly, and, on the other, being one of the last and most enduring holdouts of EU institutions applying EU law in a part of the UK. These characteristics, coupled with the high political stakes in the context of North-South relations in Ireland and the peace process, merit close scrutiny of the Protocol’s governance and dispute settlement provisions. Based on an analysis of the relevant provisions and informed by leading theories on compliance in international law, this chapter argues that due to fundamentally different views and strategies of the EU institutions and the UK government, the design and use of the Protocol’s mechanisms have the potential to exacerbate rather than mend EU-UK relations. Show less
The withdrawal of the United Kingdom from the European Union has prompted a global recalibration of treaty relations. Due to the Withdrawal Agreement and its transition period, the UK is expanding... Show moreThe withdrawal of the United Kingdom from the European Union has prompted a global recalibration of treaty relations. Due to the Withdrawal Agreement and its transition period, the UK is expanding its international treaty-making powers as it is gradually released from the constraints of EU law. Practice to date shows the creation of many new international legal instruments through which governments have sought to address the novel questions that Brexit raises for the international law of treaties. Show less
In less unusual times, the European Union’s Global Strategy for Foreign and Security Policy would have been received as merely the latest iteration of the main tenets and ambitions of EU external... Show moreIn less unusual times, the European Union’s Global Strategy for Foreign and Security Policy would have been received as merely the latest iteration of the main tenets and ambitions of EU external action – this time with an enhanced dose of pragmatism to respond to a more challenging international environment. However, with ‘Brexit’ looming large and one and a half years into the Trump Presidency in the United States, the Global Strategy has acquired a new level of significance. This article argues that while meant to express a largely uncontroversial ‘Western’ consensus, it now needs to be re-contextualized as a distinctive vision in the face of trends of antiglobalism and Euroscepticism. This concerns in particular the Strategy’s emphasis on rules-based global governance. Challenged by both President Trump’s ‘America First’ policy and the British government’s course for a ‘hard Brexit’, the Global Strategy now represents a contested blueprint and rallying point for a continued pursuit of a liberal world order based on the rule of law. Show less
The article elaborates on the significance of the duty of sincere cooperation as a legal principle in the Common Commercial Policy (CCP) of the European Union (EU), in particular as regards the... Show moreThe article elaborates on the significance of the duty of sincere cooperation as a legal principle in the Common Commercial Policy (CCP) of the European Union (EU), in particular as regards the relationship between the Union and its Member States. It argues that while the duty of sincere cooperation is a judicially enforceable duty vis-a-vis the Member States, it is losing some of its relevance in the context of the CCP. This is due to the fact that the Lisbon Treaty, as confirmed by the case law of the Court of Justice of the EU, expanded the scope of the CCP and clearly identifies it as an exclusive competence of the Union. Loyalty in the CCP, therefore, is mainly covered by the obligation to respect the exclusivity of the Union’s international powers in this area. While this does not equate to the disappearance of the Member States as actors in international economic governance, it does seriously constrain their leeway for autonomous action. In addition, the article applies this finding to a number of current developments surrounding the CCP. These include, firstly, the new Global Strategy for Foreign and Security Policy, which promotes the idea of a “joined-up” approach between different actors and policies; secondly, “Brexit” and the prospect of the United Kingdom negotiating new trade agreements of its own; thirdly, the position of the Member States in the WTO; and fourthly, the nature of the wave of new free trade agreements that the EU is negotiating and concluding. Show less
