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.

4. International Sources of Law

2017 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
European Union ◽  
United Kingdom ◽  
International Law ◽  
Primary Sources ◽  
Eu Law ◽  
The European Union ◽  
The United Kingdom ◽  
The Uk ◽  
International Conventions ◽  
The Eu

This chapter discusses international sources of law. Conventions and treaties are the primary sources of international law. International law also relies on custom, that is to say informal rules that have been commonly agreed over a period of time. The United Kingdom joined the (then) European Economic Community (EEC) in 1972. As part of the conditions for joining the UK agreed that EEC (now EU) law would become automatically part of the law of the United Kingdom. The principal treaties governing the EU are the Treaty on the European Union and the Treaty on the Functioning of the European Union. Disputes are adjudicated by the Court of Justice of the European Union. Whilst the UK has recently voted to leave the EU, it will not do so for at least two years, meaning EU law will remain part of UK law. The United Kingdom is also a member of the Council of Europe, which has issued a number of international Conventions that impact the English Legal System.

scholarly journals The Impact of Brexit on the Environment: Exploring the Dynamics of a Complex Relationship

2017 ◽  
Vol 7 (1) ◽  
pp. 89-113 ◽  
Author(s):  
Chris Hilson
Keyword(s):  
Environmental Performance ◽  
Environmental Governance ◽  
Complex Relationship ◽  
The European Union ◽  
Specific Context ◽  
The United Kingdom ◽  
The Uk ◽  
The Impact ◽  
Over Time ◽  
The Eu

AbstractThe departure of the United Kingdom (UK) from the European Union (EU) (often referred to as ‘Brexit’) is likely to have a significant impact on the environment. In this article I argue against seeing the traffic as all one way. While there was a temptation for the advocates of staying in the EU, in the context of referendum campaigning, to portray the UK as a laggard pressured into positive environmental performance by the EU as leader, the reality is that the UK has also strengthened the EU’s environmental policy in some areas and seen its own weakened in others. Influence in both directions has also varied over time. The article goes on to consider core ‘Leave’ arguments around sovereignty and ‘taking back control’, exploring the implications of these in the specific context of environmental governance. In discussing subsidiarity, it concludes that leaving the EU will not remove the need for pooling some sovereignty over environmental matters at the international level and, in the context of devolution, at the UK level.

scholarly journals Konsekwencje brexitu w dziedzinie prawa prywatnego międzynarodowego

2020 ◽  
pp. 138-158
Author(s):  
Sylwia Majkowska-Szulc
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Member State ◽  
International Law ◽  
Private International Law ◽  
The European Union ◽  
The United Kingdom ◽  
The Future ◽  
The Uk ◽  
The Eu

Brexit is a unique phenomenon as no Member State has ever expressed the will to leave the European Union. Never before had the in-depth impact of a Member State withdrawal been analysed. The issue has started to be analysed after the referendum in which the British voted in favour of leaving the European Union. The topic of the potential consequences of Brexit in the field of private international law concerns, inter alia, national jurisdiction in civil and commercial matters, mutual recognition and enforcement of judgments, specific procedures of EU uniform law, judicial cooperation between Member States or the functioning of the e-Justice Portal and dynamic forms. Before a given Member State withdraws from the EU, interested parties should have been informed, inter alia, of how pending proceedings will be conducted starting with the withdrawal day, what about proceedings initiated at the date of withdrawal or later on, and what about the rulings of the courts of the applicant state covered by the exequatur procedure before the withdrawal. Therefore, the primary purpose of the article is to determine the framework for the future relationship between the EU and the UK in the field of private international law. An additional aim of this paper is to better prepare natural and legal persons for the new post-Brexit reality. European integration has brought Europe peace and prosperity and enabled unprecedented cooperation in all areas of common interest. Following the withdrawal decision, the state and its citizens cease to benefit from the acquis communautaire. In fact, the United Kingdom left the European Union on 31 January 2020. As far as private international law is concerned, the United Kingdom has become a third country. Subsequently, on 1 February 2020 a transition period has started and it aims to provide more time for citizens and businesses to adapt. The negotiations on the future partnership between the EU and the UK has started in March 2020, but they were postponed due to the coronavirus COVID-19 pandemic. The relationship between the United Kingdom and the European Union is sometimes compared to love that has passed away, but former lovers must continue to meet from time to time to manage certain common affaires. The analysis of the topic leads to the conclusion that, in fact, Brexit is a unique phenomenon that has no added value.

Brexit and the Future of the European Union

2020 ◽  
Author(s):  
Federico Fabbrini
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Integration ◽  
The European Union ◽  
Integration Process ◽  
Member States ◽  
The United Kingdom ◽  
The Future ◽  
The Uk ◽  
The Eu

This book examines how the European Union has changed during Brexit and because of Brexit, while also reflecting on the developments of the EU besides Brexit and beyond Brexit. It argues that the withdrawal of the United Kingdom from the EU—the first ever case of disintegration since the start of the European integration process—creates an urgent need to reform the EU. In fact, while the EU institutions and its Member States have remained united in their negotiations vis-à-vis the UK, Brexit has created transitional problems for the EU, and exposed other serious fissures in its system of governance which need to be addressed moving forward. As the EU goes through another major crisis in the form of the response to the Covid-19 pandemic, the case for increasing the effectiveness and the legitimacy of the EU grows stronger. In this context, the book analyses the plan to establish a Conference on the Future of Europe, considering its precedents and discussing its prospects.

Part IX International Environmental Law in National/Regional Courts, Ch.63 European Union/United Kingdom

2021 ◽  
Author(s):  
Scotford Eloise
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Environmental Law ◽  
Court System ◽  
The European Union ◽  
International Environmental Law ◽  
Member States ◽  
The United Kingdom ◽  
The Uk ◽  
The Eu

This chapter evaluates international environmental law (IEL) in the courts of the European Union (EU) and the United Kingdom. This topic potentially covers many different kinds of courts, considering that the EU comprises many member states, each with its own court system, and the United Kingdom itself is a system of devolved government with different court systems. To draw out some key themes, the chapter focuses on decisions of the EU courts and the UK courts in England and Wales, as well as particularly notable decisions of other EU member state courts (available in English). The different experiences of IEL in these three sets of courts demonstrate that the doctrines of different legal systems and their legal cultures are critical to the experiences of their courts in implementing IEL. The chapter examines the reception and application of IEL in these different courts in two steps. It first looks at cases in which IEL has been directly applied by courts, considering the complex EU law in this area, and the EU's special role in implementing IEL in member states. The chapter then addresses cases where IEL applies indirectly in judicial reasoning.

Brexit, Trump and the special relationship

2017 ◽  
Vol 19 (3) ◽  
pp. 543-557 ◽  
Author(s):  
Graham K Wilson
Keyword(s):  
United States ◽  
European Union ◽  
United Kingdom ◽  
The United States ◽  
The European Union ◽  
The United Kingdom ◽  
The Future ◽  
Future Direction ◽  
The Impact ◽  
Trump Administration

The unexpected victories of Donald Trump in the United States 2016 Presidential campaign and of the Leave campaign in the British referendum on membership in the European Union have important similarities in terms of campaign strategy, rhetoric and social bases of support. They are exemplars of a wave of right-wing populism that has swept across advanced democracies. The triumph of Brexit also raises questions about the future relationship between the United Kingdom and United States. While it is too early to be certain about either the impact of Brexit or the future direction of the Trump Administration, and despite ties between the Trump Administration and British politicians who campaigned for or subsequently supported Brexit, the United Kingdom could become much less useful as a diplomatic and economic partner to the United States after leaving the European Union.

scholarly journals „I did it my way”: Czy to koniec współpracy Zjednoczonego Królestwa i Unii Europejskiej w sprawach zagranicznych, bezpieczeństwa i obrony?

2021 ◽  
Vol 73 (3) ◽  
pp. 107-139
Author(s):  
Ewa M. Suwara
Keyword(s):  
United Kingdom ◽  
Transition Period ◽  
Foreign Affairs ◽  
The European Union ◽  
Negotiation Strategy ◽  
The United Kingdom ◽  
The Future ◽  
The Subject ◽  
The Impact ◽  
The Eu

31 December 2020 marks end of the “transition period” indicated in the Agreement on the Withdrawal of  the  United Kingdom from the European Union. Until the end of this period, the subject of future cooperation in foreign affairs, security and defence has not been negotiated within the BREXIT negotiations. It results in lack of its elaboration in a form of a written agreement on future relations between both Parties in this area. The main objective of this publication is to discuss cooperation between the United Kingdom and the EU in foreign affairs, security and defence as of 1 January 2021, following the end of “transition period” stipulated in the Agreement, considering that it has not been negotiated between the Parties. In this publication, the author discusses negotiation strategy adopted by the United Kingdom, the EU proposal of regulating future relations in foreign affairs, defence and security, as well as presents the forms of cooperation with third states applied so far by the EU. The publication indicates the impact of the BREXIT for the future cooperation in foreign affairs, defence and security. The author argues that the strategy of negotiation adopted by the United Kingdom on future cooperation in the foreign affairs, defence and security was well planned, and does not constitute an obstacle for deepening the future relations between the United Kingdom and the EU.

4. International Sources of Law

2019 ◽  
pp. 96-154
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
European Union ◽  
United Kingdom ◽  
International Law ◽  
Primary Sources ◽  
Eu Law ◽  
The European Union ◽  
European Economic ◽  
The United Kingdom ◽  
The Uk ◽  
The Eu

This chapter discusses international sources of law. Conventions and treaties are the primary sources of international law. International law also relies on custom, that is to say informal rules that have been commonly agreed over a period of time. The United Kingdom joined the (then) European Economic Community (EEC) in 1972. As part of the conditions for joining, the UK agreed that EEC (now EU) law would become automatically part of the law of the United Kingdom. The principal treaties governing the EU are the Treaty on European Union and the Treaty on the Functioning of European Union. Disputes are adjudicated by the Court of Justice of the European Union. Although the UK voted to leave the EU, it is not known when this will happen, meaning EU law will remain part of UK law for the time being.

scholarly journals Empirical Analysis of the Impact of Brexit Referendum and Post-Referendum Events on Selected Stock Exchange Indexes

2018 ◽  
Vol 13 (1) ◽  
pp. 7-16 ◽  
Author(s):  
Petar Kurecic ◽  
Filip Kokotovic
Keyword(s):  
United Kingdom ◽  
Empirical Analysis ◽  
Stock Exchange ◽  
Structural Break ◽  
Stock Index ◽  
Parliamentary Election ◽  
The European Union ◽  
The United Kingdom ◽  
The Uk ◽  
The Impact

Abstract The paper studies the impact of political turbulence in the United Kingdom in 2016 and 2017 on selected relevant stock indexes. The empirical analysis consists of unit breakpoint tests. The potential points of structural break are determined based on an overview of occurrences of political instability from the Brexit referendum to the snap Parliamentary election of 2017. The paper concludes that the outcome of the referendum on Brexit caused a structural break that was visible in every stock index studied. On the other hand, the paper fails to find any evidence of a structural break caused by subsequent events, namely the decision to call the snap election or the outcome of the election itself. This implies that investors have accepted the UK decision to leave the EU and there was no further destabilization of the stock markets. It can be further concluded that the United Kingdom and the European Union need to address a deep political divide and find a way to coexist and mutually benefit in the period of negotiations and after the Brexit takes place

scholarly journals Judicial cooperation in environmental matters

2018 ◽  
Vol 20 (2) ◽  
pp. 89-108
Author(s):  
Lorenzo Squintani ◽  
Jon Rakipi
Keyword(s):  
Environmental Law ◽  
Eu Law ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
National Courts ◽  
The United Kingdom ◽  
Court Of Justice ◽  
The Uk ◽  
Willingness To Cooperate

The need to ensure a uniform interpretation and effective application of the large corpus of EU environmental regulation in the jurisdictions of the Member States remains a task of pivotal importance for the Court of Justice of the European Union (CJEU). A quick look at the CURIA database reveals that many judgments are handed down every year to clarify the meaning of EU environmental provisions. It is therefore important to study the proper functioning of the tandem composed of the CJEU and the national courts in this field of EU law. In that sense, this article responds to Bogojević’s call ‘to draw a grander map of judicial dialogues initiated across various Member States’. More specifically, the topic investigated by this article is how the United Kingdom (UK) courts have followed up on responses received from the CJEU to their preliminary reference requests in the field of EU environmental law, from the UK’s accession in 1972 until January 2017. All the cases we have retrieved from the UK show various degrees of willingness to cooperate with the CJEU. This article highlights the existence of three trends: full cooperation, fragmented cooperation and presumed cooperation.

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