scholarly journals Review of the current and post-Brexit UK legal framework on the regulation of genetic technologies

Bioethica ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 51
Author(s):  
Adiba Firmansyah

The launch of a nationwide consultation in January 2021 by the UK Department for the Environment, Food and Rural Affairs (Defra) on the regulation of genetic technologies has been used as an opportunity by the UK Government to gauge public and scientific opinion on the applications of gene editing in agriculture and aquaculture. In particular, the consultation sought to consider the controversial question of whether gene editing (GE) should be subject to the same regulations as genetically modified organisms (GMOs). The distinction between GE and GMO products, as well as between the legal regulations governing them, are highly important: currently, the UK still follows the EU’s restrictive approach, whereby gene editing is regulated in the same way as GMOs. However, in light of the UK’s departure from the EU, the UK government seems willing to reconsider this approach and adopt a new regulatory framework characterised by less stringent controls. Accordingly, this review paper examines the current legal framework on gene editing and GMOs in the UK and EU, as well as in other relevant jurisdictions, before then examining the Defra consultation in light of the mixed responses to it from both the scientific community and the general public. The paper concludes with a number of considerations that should inform any proposed post-Brexit reform of the framework that allows for the correct balance to be struck between scientific development, food security, human health, and the environment. 

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.


Author(s):  
Federico Fabbrini

This introductory chapter provides an overview of the Withdrawal Agreement of the United Kingdom (UK) from the European Union (EU). The Withdrawal Agreement, adopted on the basis of Article 50 Treaty on European Union (TEU), spells out the terms and conditions of the UK departure from the EU, including ground-breaking solutions to deal with the thorniest issues which emerged in the context of the withdrawal negotiations. Admittedly, the Withdrawal Agreement is only a part of the Brexit deal. The Agreement, in fact, is accompanied by a connected political declaration, which outlines the framework of future EU–UK relations. The chapter then offers a chronological summary of the process that led to the adoption of the Withdrawal Agreement, describing the crucial stages in the Brexit process — from the negotiations to the conclusion of a draft agreement and its rejection, to the extension and the participation of the UK to European Parliament (EP) elections, to the change of UK government and the ensuing constitutional crisis, to the new negotiations with the conclusion of a revised agreement, new extension, and new UK elections eventually leading to the departure of the UK from the EU.


2019 ◽  
Vol 21 (3) ◽  
pp. 219-225
Author(s):  
Colin T. Reid

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.


2018 ◽  
Vol 19 (5) ◽  
pp. 1125-1147
Author(s):  
Maria O'Neill

AbstractWith increasing globalization, transnational crime in general, and human trafficking in particular, a design of new legal framework is required in order to effectively operationalize interstate law enforcement operations and prosecutions. The development of a transnational criminal legal framework—or frameworks—can build on pre-existing transnational economic frameworks. There is also the need to extend the application of domestic law beyond national borders to influence transnational corporate behavior. Regulations based on reflexive law are one possible approach. Teubner's idea of reflexive law has been informing developments in this area. This approach uses traditional national law to inform corporate governance strategies in order to achieve effects on the market. A few jurisdictions have already adopted measures modeled on this approach to tackle human trafficking and slavery-like conditions in global supply chains. Weaknesses in the approaches adopted by the UK and the State of California have already been identified. If strengthened, this approach could be adopted in more jurisdictions—including the EU—and also to combat more areas of transnational crime—such as money laundering. This paper will examine the resulting challenges using human trafficking as a case study.


Subject Shale gas in Europe. Significance Companies in England are preparing to recommence fracking at several sites with the enthusiastic support of the UK government. However, the Scottish Parliament on October 24 voted to ban fracking, underpinning the opposition to the exploration and development of shale gas in Europe. Impacts The Scottish government’s decision may damage its relationship with some of the country’s few remaining industrial players, notably INEOS. Even if English projects are successful, it will take years for the industry to make a significant contribution to UK energy needs. The EU could take greater responsibility for regulating shale gas development after Brexit.


Significance This comes after the Telegraph reported last week that Soros had donated 400,000 pounds to the group. There is an ongoing debate as to whether the United Kingdom will in fact leave the EU. Central to it is the question of whether the UK government can unilaterally revoke its decision to trigger Article 50 in March 2017. Impacts Voters would be less likely to support the revocation of Article 50 if the Council imposed conditions that made membership less attractive. Revoking Article 50 and remaining in the EU would reduce damage to the UK economy. If Article 50 is revocable, Eurosceptic governments could be tempted to use the prospect of triggering it as leverage in EU negotiations.


Significance For the first time, there is a sustained increase in support for Scottish independence. The main reasons include dislike of UK Prime Minister Boris Johnson and his cabinet north of the border, the UK government’s pursuit of a ‘hard’ Brexit and questions about its response to the COVID-19 pandemic. Impacts Soaring Scottish unemployment when the UK furlough schemes end would undermine London’s claim to be protecting Scottish jobs. Rising support for Scottish independence could prompt the UK government to seek a closer trade agreement with the EU. The UK government will be unable to conceal the economic impacts of Brexit under the economic fallout of COVID-19. A Scottish vote for independence would put huge pressure on the UK government to resign and call early elections.


Subject UK-EU trade talks. Significance The United Kingdom will leave the EU on January 31, 2020, but will abide by EU rules as part of the transition period, which runs to December 31, 2020. During this limited period of time, London and Brussels will seek to negotiate a permanent trading relationship. While the transition deadline can be extended, the UK government has committed not to seek an extension. Impacts The impact of no trade deal or a 'thin' one may force the UK government to increase taxes in order to meet spending pledges. UK financial services will rely on an equivalence deal with the EU; London hopes to agree this by mid-2020. The EU’s future trade policy will focus on having stronger sanction powers as well as legal ones for those that unfairly undercut EU firms.


2015 ◽  
Vol 74 (2) ◽  
pp. 195-198 ◽  
Author(s):  
Steve Peers

THE recent judgment of the Court of Justice of the European Union in the case of Dano (ECLI:EU:C:2014:2358) clarified some important points as regards access to social welfare benefits by EU citizens who move to another Member State. Furthermore, the judgment could have broad implications for any attempts by the UK Government to renegotiate the UK's membership of the EU, which is likely to focus on benefits for EU citizens coming to the UK. This note is an updated and expanded version of my analysis on the EU Law Analysis blog: http://eulawanalysis.blogspot.co.uk/2014/11/benefit-tourism-by-eu-citizens-cjeu.html.


Author(s):  
Tiago N. P. dos Reis ◽  
Vinicius Guidotti de Faria ◽  
Gabriela Russo Lopes ◽  
Gerd Sparovek ◽  
Chris West ◽  
...  

Abstract Consumer countries and blocs, including the UK and the EU, are defining legal measures to tackle deforestation linked to commodity imports, potentially requiring imported goods to comply with the relevant producer countries’ land-use laws. Nonetheless, this measure is insufficient to address global deforestation. Using Brazil’s example of a key exporter of forest-risk commodities, here we show that it has ~3.25 Mha of natural habitat (~152.8 million tons of CO2) at a high risk of legal deforestation until 2025. Additionally, the country’s legal framework is going through modifications to legalize agricultural production in illegally deforested areas. What was illegal may become legal shortly. Hence, a legality criterion adopted by consumer countries is insufficient to protect forests and other ecosystems and may worsen deforestation and conversion risks by incentivizing the weakening of social-environmental protection by producer countries.


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