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
The United Kingdom’s relationship with the European Union was supposed to be definitively settled several times during the past decade – yet it was not. The 2016 referendum brought about a surge in... Show moreThe United Kingdom’s relationship with the European Union was supposed to be definitively settled several times during the past decade – yet it was not. The 2016 referendum brought about a surge in interest in legal questions, especially of EU law and international economic law. This presented scholars with a questionable gift: on the one hand, countless new opportunities for research, publications, and public visibility; on the other, the curse of chasing a rapidly and at times erratically moving target. Therefore, this essay reflects on the continued relevance of Brexit scholarship and different strategies for extending its shelf-life. It argues that the relevance of this scholarship may indeed extend into the future when foresighted and innovative approaches are being put forward. Looking ahead, the essay observes that the Windsor Framework to overhaul the Northern Ireland Protocol likely marks the end point of the frenzied and fraught EU-UK relationship between 2016 and 2023. The essay concludes that, while disagreements will continue, the EU-UK relationship as a topic is entering a period of normalization. Rigorous legal and innovative interdisciplinary scholarship will remain necessary both to develop EU-UK relations as a sub-topic of its own and to embed it into wider discourses of EU and international law. Show less
Intelligence is generally collected and used in secret to inform internal audiences. Before and after Russia’s invasion of Ukraine, however, the UK and US governments have deployed intelligence... Show moreIntelligence is generally collected and used in secret to inform internal audiences. Before and after Russia’s invasion of Ukraine, however, the UK and US governments have deployed intelligence extensively to influence external audiences, both publicly and privately, regarding Russian intentions, capabilities and practices, and the consequences of Russian actions. While the scale, manner and initially pre-emptive nature of these disclosures represent a significant evolutionary step in how liberal-democratic governments use their intelligence assets, current practice has built upon historical precedents. This article examines why states choose to use intelligence – including fabricated intelligence – for influencing external audiences; the different methods they deploy for doing so; the gains and costs of publicising intelligence; and how the use of intelligence during the Russia–Ukraine conflict should be understood within broader historical and contemporary trends. The authors conclude that while liberal democracies’ use of intelligence in public is to be welcomed for its greater transparency, careful risk management will be needed if this approach is to continue. 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
This article explores the removal or exclusion in the late 1940s of people in interracial marriages from two corners of the newly formed Commonwealth of Nations, Australia and Britain's southern... Show moreThis article explores the removal or exclusion in the late 1940s of people in interracial marriages from two corners of the newly formed Commonwealth of Nations, Australia and Britain's southern African colonies. The stories of Ruth and Sereste Khama, exiled from colonial Botswana, and those of Chinese refugees threatened with deportation and separation from their white Australian wives, reveal how legal rearticulations in the immediate postwar era created new, if quixotic, points of opposition for ordinary people to make their voices heard. As the British Empire became the Commonwealth, codifying the freedoms of the imperial subject, and ideas of universal human rights “irrespective of race, color, or creed” slowly emerged, and claims of rights long denied seemed to take on a renewed meaning. The sanctity of marriage and family, which played central metaphorical and practical roles for both the British Empire and the United Nations, was a primary motor of contention in both cases, and was mobilized in both metaphorical and practical ways to press for change. Striking similarities between our chosen case studies reveal how ideals of imperial domesticity and loyalty, and the universalism of the new global “family of man,” were simultaneously invoked to undermine discourses of racial purity. Our analysis makes a significant contribution to studies of gender and empire, as well as the history of human rights, an ideal which in the late 1940s was being vernacularized alongside existing forms of claim-making and political organization in local contexts across the world. Show less
The United Kingdom has left the European Union. While both sides continue to shape their future relationship, Brexit also reveals a distinctly global dimension. The UK government is negotiating ... Show moreThe United Kingdom has left the European Union. While both sides continue to shape their future relationship, Brexit also reveals a distinctly global dimension. The UK government is negotiating “continuity agreements” with countries around the world to replace agreements concluded by the EU, while also aiming to strike new agreements where the EU has failed to do so thus far. At the same time, the EU as a global treaty-maker is not standing still either. This setting provides a fertile ground for a comparative analysis of the performance of both the UK and EU as international treaty negotiators, especially in the area of trade. This chapter argues that such a comparison serves as an unprecedented opportunity for testing some of the core assumptions of both Eurosceptics and proponents of European integration. The assumptions can be grouped under two opposing narratives designated here as “Global Britain” and “Market Power Europe”, respectively. While the former suggests that the UK will be better off “unshackled” from the EU by becoming a more agile and effective international actor, the latter argues that the benefits of being able to rely on the collective economic power of the EU outweigh the costs of heterogeneity of interests and more burdensome decision-making. Comparing the ability of both the EU and UK to conclude trade agreements with partners around the world, and comparing the respective terms accorded to them, will enable researchers to provide insights into the costs and benefits of “non-Europe” on the international stage. However, in order to produce meaningful findings, numerical, normative, relative and cumulative methodological challenges will have to be overcome. Therefore, a new interdisciplinary approach is required that combines rigorous legal analysis with empirical-legal, qualitative, and economic methods to answer a fundamental question: was striking out on its own in the world “worth it” for the first country that left the EU? Show less
Broecks, K.; Boomsma, G.T.; Jack, C.; Mors, E. ter; Shackley, S.; Meier, R.; Serdoner, A. 2020
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
By far the most contentious issue in the postcolonial relationship between the UK and Uganda was the 1972 expulsion of British Asians by President Amin. Although it is well documented that Idi Amin... Show moreBy far the most contentious issue in the postcolonial relationship between the UK and Uganda was the 1972 expulsion of British Asians by President Amin. Although it is well documented that Idi Amin refused to bow to international pressure to reverse this decision or extend its compliance period, our knowledge of the numerous schemes, especially the covert ones, that were considered and/or operationalized by the British government in order to influence a revision of this decision remains limited. This essay, using newly available evidence mainly from the British National Archives in London, attempts to fill this gap. Such insights enhances the utility value of this episode for our understanding of bilateral and multilateral relations among states. Show less
Er zijn vijf modellen voor de relatie tussen staat en religie. Deze zijn: 1) Politieke atheïsme; 2) Politieke agnosticisme; 3) Multiculturalisme; 4) Staatskerk en 5) Theocratie. Het model van het... Show moreEr zijn vijf modellen voor de relatie tussen staat en religie. Deze zijn: 1) Politieke atheïsme; 2) Politieke agnosticisme; 3) Multiculturalisme; 4) Staatskerk en 5) Theocratie. Het model van het politieke agnosticisme staat voor de behandeling van - of negeren van - alle religies en niet-religies op gelijke voet: de staat neemt uit principe geen standpunt in vóór of tegen religie en (on)gelovigen. Multiculturalisme, daarentegen, richt zich op een positieve behandeling van minderheden. Het proefschrift richt zich op het tweede model, multiculturalisme, en op het vijfde model, theocratie. De onderzoeksvraag is: wat zijn de implicaties van de politieke ideologieën van het multiculturalisme en Islamitisch fundamentalisme? En, meer in het bijzonder, wat is de verhouding tussen deze ideologieën als het gaat om het debat over de legitimiteit van Shariaraden in het Verenigd Koninkrijk? Show less
Schaap, T.P.; Knight, M.; Zwart, J.J.; Kurinczuk, J.J.; Brocklehurst, P.; Roosmalen, J. van; Bloemenkamp, K.W.M. 2014
In Transforming for Europe. The reshaping of national bureaucracies in a system of multi-level governance, Caspar van den Berg explores the implications of the increasingly multi-level nature of... Show moreIn Transforming for Europe. The reshaping of national bureaucracies in a system of multi-level governance, Caspar van den Berg explores the implications of the increasingly multi-level nature of governance for the French, British and Dutch national bureaucracies.Power and competencies in Western Europe are shared by various layers of government as well as multiple types of state and non-state actors. What does this mean for the organisation and functioning of national bureaucracies?While the civil service has become less bureaucratic (in the Weberian sense) in some respects, it is more bureaucratic in others: task-separation and record-keeping for oversight have increased, while permanence of office and political neutrality in various places have decreased.The EU is not a single direct source to any of these developments yet its presence is certainly felt and cross-national distinction is less stark. Nevertheless, deeply ingrained national structures and cultures have thus far prevented the conver¬gence of national bureaucracies into a single European administra¬tive model.Caspar van den Berg (1980) studied International Relations at the London School of Economics and has a PhD from Leiden University. He currently works as an assistant professor at Leiden University and as a public management consultant at Berenschot. Show less
