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Collaborative Governance and Dispute Resolution: EU-UK vs. EU-Switzerland

In view of current and upcoming bilateral challenges for partnership agreements between the EU and third countries, this blog post aims at analysing the dispute resolution provisions of (i) both the post-Brexit Trade and Cooperation Agreement (TCA) and the Withdrawal Agreement (WA) between the EU and the United Kingdom (UK), and the (ii) Draft Institutional Framework Agreement (IFA) between the EU and Switzerland. The agreement’s mechanisms include the political bilateral and the judicial third-party level within a wider governance framework. The UK as a former EU Member State now relies on trade and thematic cooperation, whilst Switzerland enjoys sectorial access to the EU Single Market including the freedom of movement. 1. Introduction The UK left the EU on 1 February 2020. During the transition period expiring on 31 December 2020, the UK still participated in the EU Single Market (including contributions to the EU budget), so virtually no changes of a practical nature occurred during that period with regard to the citizens and business save for the fact that the UK no…

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The Proposed Genocide Amendment to the UK Trade Bill: Paper Tiger or Self-Inflicted Wound?

Something is distinctly off with the UK’s engagement with public international law. Whether it be the Overseas Operations Bill, which last week passed its third reading in Parliament, in which the UK proposes to introduce a ‘triple lock’ designed to significantly curtail the circumstance in which members of the UK armed forces accused of committing war…

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Editorial: The UK Taken in Adultery. Who Will Cast the First Stone?

And the scribes and Pharisees brought unto him a woman taken in adultery; and when they had set her in the midst,[t]hey say unto him, Master, this woman was taken in adultery, in the very act. Now Moses in the law commanded us, that such should be stoned: but what sayest thou? So…He lifted up himself and said…

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Episode 5 of EJIL: The Podcast! “Breaking Bad – in a Specific and Limited Way”

In this episode of the podcast, Marko Milanovic, Sarah Nouwen, Philippa Webb and I analyse the Internal Market Bill which is currently going through the UK Parliament. The Bill is a remarkable piece of proposed legislation in that UK ministers, including the governments most senior legal advisers, admit that the aim of…

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Will COVID-19 usher on another decade of austerity within the United Kingdom? What does this mean for the protection of economic, social and cultural rights (ESCR)?

A Brief Background As of April 28th 2020, there had been 21,678 COVID-19 related deaths within UK hospitals, bringing the scale of the UK pandemic on par with that of Italy, France, Spain and the US. The slow rate of decline has led to the government stating that lockdown will be imposed for an indefinite period…

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