scholarly journals Mapping post-Brexit environmental law

ERA Forum ◽  
2020 ◽  
Vol 21 (4) ◽  
pp. 655-665
Author(s):  
Colin T. Reid
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
Legal Recognition ◽  
The Future ◽  
Policy Objectives ◽  
The Uk ◽  
The Eu ◽  
Future Position ◽  
The Way

AbstractThe UK’s withdrawal from the EU will not bring about immediate changes to the substance of environmental law in the UK, but that law will become easier to change. The future position is complicated by devolution within the UK, where differing policy objectives on continuing alignment with the EU and weaknesses in the inter-governmental structures are causing problems. Environmental principles are being given legal recognition and new structures for environmental governance being created for each nation. These include environmental watchdogs that go some of the way to making up for the loss of the oversight provided by the EU institutions.

scholarly journals The future of environmental governance

2019 ◽  
Vol 21 (3) ◽  
pp. 219-225
Author(s):  
Colin T. Reid
Keyword(s):  
Environmental Governance ◽  
International Agreements ◽  
The Future ◽  
Uk Government ◽  
The Uk ◽  
Different Parts ◽  
The Eu

During the UK’s membership of the EU, the EU structures have provided a degree of external oversight, ensuring that environmental obligations are fulfilled. To fill the gaps left by the removal of these structures, the different parts of the UK are currently developing their own proposals for environmental principles and governance, which are briefly outlined. The different national schemes adopt different approaches and have to fit into different legal and policy backgrounds. Although collaboration is desirable it seems unlikely to be achieved, if only because of the different timescales for turning proposals into action. Progress with the different national schemes may be disrupted by the need to meet any commitments made by the UK government in international agreements. These agreements may include environmental provisions, and the “Backstop” to the Withdrawal Agreement between the UK and the EU contains substantial commitments on environmental governance. Some firm suggestions are made for enhancing future collaboration.

The Implications of Brexit for Future EU Environmental Law and Policy

elni Review ◽  
2017 ◽  
pp. 11-16
Author(s):  
Céline Charveriat ◽  
Andrew Farmer
Keyword(s):  
Environmental Law ◽  
Law And Policy ◽  
The Future ◽  
Overseas Country ◽  
The Subject ◽  
Overseas Territories ◽  
The Uk ◽  
The Impact ◽  
The Eu ◽  
Environmental Law And Policy

Brexit is an unprecedented event for the EU. No Member State has ever left the Union previously. At most, overseas territories with small populations have changed status, such as Greenland (Denmark) in 1985 and the Outermost Region Saint Barthélemy (France), which became an Overseas Country and Territory (OCT) in 2012. These cases may have limited lessons for the UK adapting its legislation post-Brexit, as they did not impact EU decision making and law and, therefore, are not precedents for the subject of this paper. There has been quite a lot of analysis on the possible consequences of Brexit for the future of UK environmental law. However, less attention has been given to the implications Brexit may have for the future of EU environmental law and policy. This paper presents some thoughts on this subject. It begins with a consideration of the impact of Brexit on the general political and economic atmosphere of EU environmental policy making. The paper then considers the issues of trade and the external border. Some specific policy areas are examined, including chemicals, climate policy and agriculture. The paper ends by considering the implications of a possible future dispute mechanism with the UK.

scholarly journals Continuity, Convergence and Change in Environmental Law and Governance in Scotland – an Assessment of Recent Developments and Future Directions

2021 ◽  
Vol 25 (3) ◽  
pp. 315-341
Author(s):  
James Harrison
Keyword(s):  
United Kingdom ◽  
Environmental Governance ◽  
Environmental Law ◽  
Eu Law ◽  
The European Union ◽  
Environmental Standards ◽  
The United Kingdom ◽  
The Future ◽  
The Uk ◽  
The Impact

There was a concern following the 2016 Brexit referendum that environmental standards in the United Kingdom (UK) may be lowered unless action was taken to address gaps in environmental governance that would be caused by leaving the European Union (EU). Debates over the nature of those gaps and how to fill them have continued over the years since the referendum and it is only recently that the emerging picture of post-Brexit environmental governance in Scotland has been revealed, allowing a preliminary study of the future for environmental standards in the jurisdiction. This article aims to provide an overview and analysis of recent legal developments which are likely to influence the future of environmental law in Scotland, including the UK-EU Trade and Cooperation Agreement, the United Kingdom Internal Market Act, the incorporation of environmental principles into Scots law, new powers to align Scottish environmental standards with EU law, and the new institutional framework to oversee compliance with environmental law in Scotland. The article considers the impact that these new arrangements will have on the development of Scottish environmental law and in particular the implications for Scottish institutions in deciding whether to promote ongoing continuity with EU law, promote convergence with other parts of the UK, or strike out on their own path of environmental law reform.

scholarly journals ‘Brexit’ and the Scots in England: A diaspora facing uncertainty?

2020 ◽  
Vol 29 (3) ◽  
pp. 354-369
Author(s):  
Murray Stewart Leith ◽  
Duncan Sim
Keyword(s):  
Decision Making ◽  
Current Position ◽  
The Future ◽  
Eu Referendum ◽  
The Uk ◽  
The Eu ◽  
Future Position ◽  
Citizenship Identity

Brexit has brought many uncertainties, including the future position of UK-based EU migrants. Our concern is with a much less studied group, albeit one of the largest socio-political sub-groups within England – the Scots. These are migrants who live in a different country but within the same state and recent constitutional decision making has not been kind to them. In 2014, English based Scots had no vote in the independence referendum and in the EU referendum they witnessed Scotland voting significantly differently to England, resulting in ongoing tensions between the UK and Scottish Governments. If Brexit leads to another independence referendum, what are the implications for Scots in England, in terms of their citizenship, identity, and residence in a very different (r)UK? We explore their status in a (r)UK outside the EU, we speculate on whether some might move back or whether, if they remain, they would experience hostility within post-Brexit England. Might the current position of the English Scots tell us something about the future relationship between England and Scotland?

scholarly journals The Relation of Brexit with the UK’s QE Decisions and its Impact on the Eurozone

2017 ◽  
Vol 6 (1) ◽  
pp. 5-14 ◽  
Author(s):  
Νikolaos A. Kyriazis ◽  
Emmanouil M.L. Economou
Keyword(s):  
Decision Making ◽  
Direct Link ◽  
Transmission Channels ◽  
The Future ◽  
The Uk ◽  
The Eu ◽  
The Way

Abstract This paper aims to provide some insights into the way that the recent referendum held on June 23rd about the Brexit could affect the UK’s perspective to proceed to a new round of QE. Moreover, the effects of the latter on the Eurozone are under scrutiny. Transmission channels of the shock that the Brexit has brought about on the EU and the Eurozone, as well as possible scenarios about the future relationship between the UK and the EU are presented. To the best of our knowledge, this is the first academic piece of work that makes a direct link between the consequences of the Brexit on decisions about proceeding in further QE actions or not in the UK and at the same time studies how this could result in affecting the Eurozone’s economy and its decision-making about adopting further unconventional policies.

European Union Law

2021 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Environmental Law ◽  
Research Topics ◽  
European Union Law ◽  
European Institutions ◽  
The Subject ◽  
Free Movement Of Goods ◽  
The Uk ◽  
Substantive Law ◽  
The Eu

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise and reliable guides for students at all levels. The eleventh edition of European Union Law provides a systematic overview of the European institutions and offers thorough, wide-ranging coverage of the key substantive law topics, including separate chapters on competition, discrimination, environmental law and services. It also features a new chapter on the EU and its relationship with third countries, including the UK. Incisive analysis of the governing themes and principles of EU law is consistently delivered, while chapter summaries, critical questions, further reading suggestions and the new ‘Brexit checklist’ feature help to guide the reader through the subject and support further research. Topics covered also include supremacy and direct effect, the European Courts, general principles, free movement of goods and persons and citizenship.

scholarly journals Extradition Between the UK and Ireland After Brexit—Understanding the Past and Present to Prepare for the Future

2020 ◽  
pp. 002201832097753
Author(s):  
Gemma Davies ◽  
Paul Arnell
Keyword(s):  
Transition Period ◽  
Alternative Methods ◽  
Good Friday ◽  
The United Kingdom ◽  
Good Friday Agreement ◽  
The Future ◽  
Close Relationship ◽  
The Republic ◽  
The Uk ◽  
The Eu

The Republic of Ireland and the United Kingdom have a long, close and difficult history. The most recent phase of which dates from 1998 and the conclusion of the Good Friday Agreement. Since 1921, however, there has been unique practice between Ireland and the UK as regards the transfer of accused and convicted persons from one to the other. Indeed, there has been a special and close relationship between the two in that regard; albeit one not without difficulties. In recent times EU Justice and Home Affairs measures and the Good Friday Agreement have supplemented and strengthened the relationship. These include, since January 2004, the European Arrest Warrant (EAW). The EAW has been particularly important in streamlining the extradition process between the Ireland and the UK. This phase of history and co-operation is coming to an end. The UK’s membership of the EU has now ceased, and a transition period during which the UK remains part of the EAW will end on 31st December 2020. The extradition relationship between the two is therefore facing a considerable challenge. There are several options open to Ireland, the UK and the EU as a replacement. Time, political will and the interests of third states, however, may well stand in the way of the conclusion of an agreement that optimally serves the interests of all parties and criminal justice. This paper considers the origins of extradition between the UK and Ireland and the alternative methods of extradition open to the UK and Ireland after Brexit. Consideration is given to the likely operation of a Norway-Iceland style agreement and whether such an agreement will be in place by the end of the transition and, if it was, whether its terms are likely to be sufficient for the needs of Ireland and the UK. The possibility of a bilateral arrangement on extradition between Ireland and the UK is also explored. Underlying the discussion is the critical point that the future extradition relationship must retain its ‘special’ characteristics, and therefore maintain the trust and good will that has developed over the years and given rise to an effective extradition relationship between the two countries. In other words, the lessons of history must be remembered.

The UK's Withdrawal from the EU

2021 ◽  
Author(s):  
Michael Dougan
Keyword(s):  
European Union ◽  
Northern Ireland ◽  
Critical Analysis ◽  
Legal Perspective ◽  
The Future ◽  
Article 50 ◽  
The Uk ◽  
The Eu

Following a national referendum on 23 June 2016, the UK announced its intention to end its decades-long membership of the EU. That decision initiated a process of complex negotiations, governed by Article 50 of the Treaty on European Union, with a view to making the arrangements required for an ‘orderly Brexit’. This book explores the UK’s departure from the EU from a legal perspective. As well as analysing the various constitutional principles relevant to ‘EU withdrawal law’, and detailing the main issues and problems arising during the Brexit process itself, the book provides a critical analysis of the final EU–UK Withdrawal Agreement—including dedicated chapters on the future protection of citizens’ rights, the border between Ireland and Northern Ireland, and the prospects for future EU–UK relations in fields such as trade and security.

The EU during Brexit

2020 ◽  
pp. 9-34
Author(s):  
Federico Fabbrini
Keyword(s):  
European Union ◽  
The European Union ◽  
Military Cooperation ◽  
Member States ◽  
Decision To Leave ◽  
Policy Initiatives ◽  
Eu Membership ◽  
The Future ◽  
The Uk ◽  
The Eu

This chapter analyses the European Union during Brexit, explaining how the EU institutions and Member States reacted to the UK’s decision to leave the EU. It outlines how they went about this in the course of the withdrawal negotiations. The EU institutions and Member States managed to adopt a very united stance vis-à-vis a withdrawing state, establishing effective institutional mechanisms and succeeding in imposing their strategic preferences in the negotiations with the UK. Nevertheless, the EU was also absorbed during Brexit by internal preparations to face both the scenario of a ‘hard Brexit’—the UK leaving the EU with no deal—and of a ‘no Brexit’—with the UK subsequently delaying exit and extending its EU membership. Finally, during Brexit the EU increasingly started working as a union of 27 Member States—the EU27—which in this format opened a debate on the future of Europe and developed new policy initiatives, especially in the field of defence and military cooperation.

26. Future Trends

2019 ◽  
pp. 581-612
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Theoretical Analysis ◽  
Critical Analysis ◽  
Free Market ◽  
Future Trends ◽  
European Level ◽  
The Future ◽  
Market Perspective ◽  
Technical Rules ◽  
The Eu ◽  
The Way

This chapter offers an outlook to the future of IP at the European level. The EU and its legal instruments primarily approach IP from a utilitarian free market perspective and that applies also to the way they look at the future. The chapter focuses primarily on that angle when it looks at how the European IP system could and should function in the future and which direction it is taking. In a sense it offers an opportunity for reflection and attempts to enhance the reader's insight in and understanding of IP by wrapping the critical analysis of its technical rules up in a more theoretical analysis.

Sign in / Sign up

Export Citation Format

Share Document