The return of stolen assets represents a ‘fundamental principle’ of the United Nations Convention against Corruption (UNCAC). The convention’s inclusion of a chapter on asset recovery was considered a groundbreaking achievement at the time of the treaty’s conclusion in 2003. The treaty negotiations concerning these provisions, however, were highly controversial, and the discussions did not benefit from a substantial body of practical experience concerning the return of stolen assets. In the 20 years since the treaty’s conclusion, states have acquired some experience with asset return, and the gaps and limitations in UNCAC’s regime governing asset recovery have become apparent. Article 57 of UNCAC, concerning asset return and disposal, exemplifies the need for progressive development of international asset recovery laws. Article 57 requires ‘updating’ or supplementation because the provision does not adequately address major recurrent issues, such as the recipients, use and monitoring of returned assets; the transparency of the asset return process; and the participation of civil society in the process. Normative development could involve formal law reform, within the UNCAC legal framework, but it could also involve more informal legal change, outside of the UNCAC regime. The Global Forum on Asset Recovery represents an important example of legal change that raises issues of both accountability and effectiveness.
{"title":"The Progressive Development of International Law on the Return of Stolen Assets: Mapping the Paths Forward","authors":"Cecily Rose","doi":"10.1093/ejil/chae042","DOIUrl":"https://doi.org/10.1093/ejil/chae042","url":null,"abstract":"The return of stolen assets represents a ‘fundamental principle’ of the United Nations Convention against Corruption (UNCAC). The convention’s inclusion of a chapter on asset recovery was considered a groundbreaking achievement at the time of the treaty’s conclusion in 2003. The treaty negotiations concerning these provisions, however, were highly controversial, and the discussions did not benefit from a substantial body of practical experience concerning the return of stolen assets. In the 20 years since the treaty’s conclusion, states have acquired some experience with asset return, and the gaps and limitations in UNCAC’s regime governing asset recovery have become apparent. Article 57 of UNCAC, concerning asset return and disposal, exemplifies the need for progressive development of international asset recovery laws. Article 57 requires ‘updating’ or supplementation because the provision does not adequately address major recurrent issues, such as the recipients, use and monitoring of returned assets; the transparency of the asset return process; and the participation of civil society in the process. Normative development could involve formal law reform, within the UNCAC legal framework, but it could also involve more informal legal change, outside of the UNCAC regime. The Global Forum on Asset Recovery represents an important example of legal change that raises issues of both accountability and effectiveness.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":"6 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142221777","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In his recent article, Christian Riffel makes the important argument that New Zealand’s free trade agreements (FTAs) with the European Union and the United Kingdom constitute a form of constitutional law-making. However, in my view, Riffel misconstrues Māori rights under domestic and international law and associated context and law. He does not take sufficiently seriously the unique right of Indigenous peoples to self-determination and, in relation to Māori specifically, to tino rangatiratanga under New Zealand’s founding constitutional document, te Tiriti o Waitangi. This means that Indigenous peoples have rights to exercise public and governance power alongside a state. In this way, Indigenous peoples’ rights are fundamentally and qualitatively different from other minorities or groups in New Zealand and must not be conflated. There are several consequences that result from Riffel’s omission. For example, Riffel’s argument that Indigenous peoples’ rights under the FTAs challenge democracy does not adequately address Indigenous peoples’ rights to govern or the state’s legally questionable claim to sovereignty. I have some other less fundamental gripes. For example, Riffel’s comments on whether Māori in this field have considered the importance of the ‘Māori provisions’ is somewhat condescending.
{"title":"A Deeper Understanding of the Constitutional Status of Māori and Their Rights Required: A Reply to Christian Riffel","authors":"Claire Charters","doi":"10.1093/ejil/chae028","DOIUrl":"https://doi.org/10.1093/ejil/chae028","url":null,"abstract":"In his recent article, Christian Riffel makes the important argument that New Zealand’s free trade agreements (FTAs) with the European Union and the United Kingdom constitute a form of constitutional law-making. However, in my view, Riffel misconstrues Māori rights under domestic and international law and associated context and law. He does not take sufficiently seriously the unique right of Indigenous peoples to self-determination and, in relation to Māori specifically, to tino rangatiratanga under New Zealand’s founding constitutional document, te Tiriti o Waitangi. This means that Indigenous peoples have rights to exercise public and governance power alongside a state. In this way, Indigenous peoples’ rights are fundamentally and qualitatively different from other minorities or groups in New Zealand and must not be conflated. There are several consequences that result from Riffel’s omission. For example, Riffel’s argument that Indigenous peoples’ rights under the FTAs challenge democracy does not adequately address Indigenous peoples’ rights to govern or the state’s legally questionable claim to sovereignty. I have some other less fundamental gripes. For example, Riffel’s comments on whether Māori in this field have considered the importance of the ‘Māori provisions’ is somewhat condescending.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":"40 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141508329","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
New Zealand’s free trade agreements (FTAs) with the European Union and the United Kingdom break new ground by elevating Indigenous customary protocols to a vector in the regulation of international trade. While in the past the focus has been on securing policy space to protect Indigenous rights, this has shifted: Māori, the Indigenous people of Aotearoa New Zealand, have entered the trade arena, and with them their protocols and customs, as a means of enshrining participation rights for Māori, as a touchstone for international cooperation, as a benchmark for reviewing FTAs and as a method of addressing problems ranging from environmental degradation to unsustainable fisheries. Māori are not just another stakeholder; they have a seat at the table, and this article will canvass to what extent. Other countries with an Indigenous population will develop their own paths to better integrate Indigenous peoples in their foreign trade policies. New Zealand presents one notable example.
{"title":"Constitutional Law-making by International Law: The Indigenization of Free Trade Agreements","authors":"Christian Riffel","doi":"10.1093/ejil/chae027","DOIUrl":"https://doi.org/10.1093/ejil/chae027","url":null,"abstract":"New Zealand’s free trade agreements (FTAs) with the European Union and the United Kingdom break new ground by elevating Indigenous customary protocols to a vector in the regulation of international trade. While in the past the focus has been on securing policy space to protect Indigenous rights, this has shifted: Māori, the Indigenous people of Aotearoa New Zealand, have entered the trade arena, and with them their protocols and customs, as a means of enshrining participation rights for Māori, as a touchstone for international cooperation, as a benchmark for reviewing FTAs and as a method of addressing problems ranging from environmental degradation to unsustainable fisheries. Māori are not just another stakeholder; they have a seat at the table, and this article will canvass to what extent. Other countries with an Indigenous population will develop their own paths to better integrate Indigenous peoples in their foreign trade policies. New Zealand presents one notable example.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":"15 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141529633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In late 1977, Antonio Cassese interviewed Bernard Röling about his experiences as a judge at the International Military Tribunal for the Far East, and his career after that. The resulting book, The Tokyo Trial and Beyond: Reflections of a Peacemonger, was published in 1993. It not only offered an insider’s account of the politics and personalities that shaped the Tokyo tribunal but also addressed associated issues – strategies for disarmament, the definition of aggression, the limits of self-determination – that would exercise international actors over the ensuing decades. In the process, it revealed much about the perspectives and occasional foibles of two innovative and outward-looking jurists whose work was nonetheless rooted in, and sometimes constrained by, European legal approaches to peace and justice.
{"title":"Revisiting Röling and Cassese’s Appraisal of the Tokyo Tribunal","authors":"Kirsten Sellars","doi":"10.1093/ejil/chae026","DOIUrl":"https://doi.org/10.1093/ejil/chae026","url":null,"abstract":"In late 1977, Antonio Cassese interviewed Bernard Röling about his experiences as a judge at the International Military Tribunal for the Far East, and his career after that. The resulting book, The Tokyo Trial and Beyond: Reflections of a Peacemonger, was published in 1993. It not only offered an insider’s account of the politics and personalities that shaped the Tokyo tribunal but also addressed associated issues – strategies for disarmament, the definition of aggression, the limits of self-determination – that would exercise international actors over the ensuing decades. In the process, it revealed much about the perspectives and occasional foibles of two innovative and outward-looking jurists whose work was nonetheless rooted in, and sometimes constrained by, European legal approaches to peace and justice.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":"37 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141257261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The assessment of the United Kingdom’s (UK) trade continuity programme is open to debate. Joris Larik argues that this programme should be seen as a success both for the UK (although a ‘modest’ one) and for the European Union (EU). However, the significance of the UK’s trade continuity agreements should not be overstated, as the replication of the EU’s trade agreements seems to result above all from pragmatic considerations. It is submitted that this programme cannot be described as a success for the UK and only allows limited conclusions to be drawn about the external influence of the EU’s trade policy.
{"title":"Is Imitation Really Flattery? The UK’s Trade Continuity Agreements: A Reply to Joris Larik","authors":"Emanuel Castellarin","doi":"10.1093/ejil/chae012","DOIUrl":"https://doi.org/10.1093/ejil/chae012","url":null,"abstract":"The assessment of the United Kingdom’s (UK) trade continuity programme is open to debate. Joris Larik argues that this programme should be seen as a success both for the UK (although a ‘modest’ one) and for the European Union (EU). However, the significance of the UK’s trade continuity agreements should not be overstated, as the replication of the EU’s trade agreements seems to result above all from pragmatic considerations. It is submitted that this programme cannot be described as a success for the UK and only allows limited conclusions to be drawn about the external influence of the EU’s trade policy.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":"29 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140199566","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article challenges conventional views of international law textbooks as mere instructional tools and explores them as powerful sites for shaping knowledge and the discipline. Drawing on empirical methods and critical theory, we analyse the 10 main international law textbooks used in Brazil and conduct interviews with their authors to illuminate the textbooks’ complexities and their potential for shaping the discipline and the profession. The article delves into the tension between the structure of international law as depicted in the textbooks and the agency of their authors, investigating the authors’ identities and backgrounds. Brazil serves as a compelling case study due to its numerous international law textbooks and their widespread use. Our results indicate a predominant universalist approach in Brazilian textbooks and their connection to the French international law tradition. Moreover, the study sheds light on the Brazilian ‘invisible college’ of international lawyers, revealing gender and racial disparities and institutional centralities. It also uncovers crucial omissions in the textbooks, such as the relationship of international law to colonialism, slavery, race, gender and economic inequality. Overall, this study offers a comprehensive understanding of international law as a field in Brazil and provides a valuable methodological framework for future research on textbooks’ role in shaping the discipline.
{"title":"Textbooks as Markers and Makers of International Law: A Brazilian Case Study","authors":"Luíza Leão Soares Pereira, Fabio Costa Morosini","doi":"10.1093/ejil/chae007","DOIUrl":"https://doi.org/10.1093/ejil/chae007","url":null,"abstract":"This article challenges conventional views of international law textbooks as mere instructional tools and explores them as powerful sites for shaping knowledge and the discipline. Drawing on empirical methods and critical theory, we analyse the 10 main international law textbooks used in Brazil and conduct interviews with their authors to illuminate the textbooks’ complexities and their potential for shaping the discipline and the profession. The article delves into the tension between the structure of international law as depicted in the textbooks and the agency of their authors, investigating the authors’ identities and backgrounds. Brazil serves as a compelling case study due to its numerous international law textbooks and their widespread use. Our results indicate a predominant universalist approach in Brazilian textbooks and their connection to the French international law tradition. Moreover, the study sheds light on the Brazilian ‘invisible college’ of international lawyers, revealing gender and racial disparities and institutional centralities. It also uncovers crucial omissions in the textbooks, such as the relationship of international law to colonialism, slavery, race, gender and economic inequality. Overall, this study offers a comprehensive understanding of international law as a field in Brazil and provides a valuable methodological framework for future research on textbooks’ role in shaping the discipline.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":"390 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140147302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article offers a critical feminist reading of the home birth jurisprudence of the European Court of Human Rights. The aim is to shed light on the gender sensitivity of the Court in its legal reasoning and knowledge production. Since its first decision on the permissibility of a blanket de facto home birth ban in the case of Ternovszky v. Hungary in 2010, the Court has given five judgments on the matter, including a Grand Chamber decision in the case of Dubska and Krejzova v. Czech Republic. The author finds that the Court applies an overtly restrictive obstetric narrative of childbirth without situating its controversial epistemic basis. In doing so, the Court reinforces a rationale that is linked to loss of agency and disempowerment of persons in childbirth and reproduces harmful stereotypes. The article highlights bias in knowledge formation and (re)production at the Court in addressing cases of home birth. The findings in this article add to feminist inquiries of international human rights adjudication, specifically in regard to knowledge formation, knowledge production and stereotyping as well as to literature on the Court’s gender sensitivity.
{"title":"Epistemic Blind Spots, Misconceptions and Stereotypes: The Home Birth Jurisprudence of the European Court of Human Rights","authors":"Fleur van Leeuwen","doi":"10.1093/ejil/chae002","DOIUrl":"https://doi.org/10.1093/ejil/chae002","url":null,"abstract":"This article offers a critical feminist reading of the home birth jurisprudence of the European Court of Human Rights. The aim is to shed light on the gender sensitivity of the Court in its legal reasoning and knowledge production. Since its first decision on the permissibility of a blanket de facto home birth ban in the case of Ternovszky v. Hungary in 2010, the Court has given five judgments on the matter, including a Grand Chamber decision in the case of Dubska and Krejzova v. Czech Republic. The author finds that the Court applies an overtly restrictive obstetric narrative of childbirth without situating its controversial epistemic basis. In doing so, the Court reinforces a rationale that is linked to loss of agency and disempowerment of persons in childbirth and reproduces harmful stereotypes. The article highlights bias in knowledge formation and (re)production at the Court in addressing cases of home birth. The findings in this article add to feminist inquiries of international human rights adjudication, specifically in regard to knowledge formation, knowledge production and stereotyping as well as to literature on the Court’s gender sensitivity.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":"162 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139903307","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Three years ago, the Oversight Board commenced its work ‘to make principled, independent, and binding decisions … based on respect for freedom of expression and human rights’ for Meta’s platforms Facebook and Instagram. From the very beginning, the vocabulary employed to talk about the Oversight Board was laden with court metaphors. Wary that these metaphors have stirred legal analysis into a specific direction, we move away from trying to fit the Oversight Board within established institutional categories. Instead, we shift the focus from institutions to interactions – that is, to the ‘in-between’. Rather than continuing to debate what the Oversight Board is, we focus on what the Oversight Board does. Our study maps different stages and modes of interaction between Meta, the Oversight Board and international human rights institutions. We show how different actors carefully craft entry points for constructing their respective semantic authority and what kind of strategies they pursue to contest semantic authority of others. Thereby, we uncover the first traces of emerging conversations between Meta, the Oversight Board and international human rights institutions and highlight who is included and excluded and who refuses to participate or to respond. With our intervention, we intend to offer empirically grounded insights into the dynamics at play and paint a more detailed picture of the various roles that novel actors, such as Meta and the Oversight Board, are beginning to assume in the protection of international human rights online.
三年前，监督委员会开始工作，"在尊重言论自由和人权的基础上......为 Meta 旗下平台 Facebook 和 Instagram 做出有原则、独立和有约束力的决定"。从一开始，有关监督委员会的词汇就充满了法庭隐喻。鉴于这些隐喻已将法律分析引向特定的方向，我们不再试图将监督委员会纳入既定的机构范畴。相反，我们将焦点从机构转向互动，即 "两者之间"。我们不再继续讨论监督委员会是什么，而是关注监督委员会做什么。我们的研究描绘了梅塔、监督委员会和国际人权机构之间互动的不同阶段和模式。我们展示了不同的参与者如何精心设计切入点来构建各自的语义权威，以及他们采取何种策略来争夺他人的语义权威。因此，我们揭示了梅塔、监督委员会和国际人权机构之间新出现的对话的最初痕迹，并强调了谁被纳入和排除在外，以及谁拒绝参与或回应。通过我们的干预，我们打算以实证为基础，深入了解正在发生的动态变化，并更详细地描绘新的参与者（如 Meta 和监督委员会）在保护在线国际人权方面开始扮演的各种角色。
{"title":"A Love Triangle? Mapping Interactions between International Human Rights Institutions, Meta and Its Oversight Board","authors":"Anna Sophia Tiedeke, Martin Fertmann","doi":"10.1093/ejil/chad062","DOIUrl":"https://doi.org/10.1093/ejil/chad062","url":null,"abstract":"Three years ago, the Oversight Board commenced its work ‘to make principled, independent, and binding decisions … based on respect for freedom of expression and human rights’ for Meta’s platforms Facebook and Instagram. From the very beginning, the vocabulary employed to talk about the Oversight Board was laden with court metaphors. Wary that these metaphors have stirred legal analysis into a specific direction, we move away from trying to fit the Oversight Board within established institutional categories. Instead, we shift the focus from institutions to interactions – that is, to the ‘in-between’. Rather than continuing to debate what the Oversight Board is, we focus on what the Oversight Board does. Our study maps different stages and modes of interaction between Meta, the Oversight Board and international human rights institutions. We show how different actors carefully craft entry points for constructing their respective semantic authority and what kind of strategies they pursue to contest semantic authority of others. Thereby, we uncover the first traces of emerging conversations between Meta, the Oversight Board and international human rights institutions and highlight who is included and excluded and who refuses to participate or to respond. With our intervention, we intend to offer empirically grounded insights into the dynamics at play and paint a more detailed picture of the various roles that novel actors, such as Meta and the Oversight Board, are beginning to assume in the protection of international human rights online.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":"26 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139374188","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Christian J. Tams, Review of Tommaso Soave, The Everyday Makers of International Law: From Great Halls to Back Rooms","authors":"C. Tams","doi":"10.1093/ejil/chad065","DOIUrl":"https://doi.org/10.1093/ejil/chad065","url":null,"abstract":"","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":"26 16","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139166062","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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 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.
{"title":"Imitation as Flattery: The UK’s Trade Continuity Agreements and the EU’s Normative Foreign Policy","authors":"Joris Larik","doi":"10.1093/ejil/chad063","DOIUrl":"https://doi.org/10.1093/ejil/chad063","url":null,"abstract":"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 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.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":"28 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138692588","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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