Pub Date : 2023-01-02DOI: 10.1080/09615768.2023.2187617
L. Cotula
While in Malawi for action research on the place of small-scale farmers in commercial agriculture, a colleague and I visited the Phata cooperative in the Lower Shire Valley, a wide lowland plain in the south of the country. With support from a management firm, over 1,100 farmers had pooled their small landholdings to set up a collective estate of over 600 hectares and build an irrigation system drawing water from the Shire River. The cooperative was growing sugar cane and selling it to a nearby mill operated by a multinational enterprise. During the visit, we learned about local initiative and innovation, as farmers sought out opportunities and ultimately reaped economic benefits. We also saw glimpses of changing international arrangements that, in regulating aid and trade, connected
{"title":"Trade with Africa, the Caribbean and the Pacific: The UK’s Economic Partnership Agreements","authors":"L. Cotula","doi":"10.1080/09615768.2023.2187617","DOIUrl":"https://doi.org/10.1080/09615768.2023.2187617","url":null,"abstract":"While in Malawi for action research on the place of small-scale farmers in commercial agriculture, a colleague and I visited the Phata cooperative in the Lower Shire Valley, a wide lowland plain in the south of the country. With support from a management firm, over 1,100 farmers had pooled their small landholdings to set up a collective estate of over 600 hectares and build an irrigation system drawing water from the Shire River. The cooperative was growing sugar cane and selling it to a nearby mill operated by a multinational enterprise. During the visit, we learned about local initiative and innovation, as farmers sought out opportunities and ultimately reaped economic benefits. We also saw glimpses of changing international arrangements that, in regulating aid and trade, connected","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"120 1","pages":"50 - 70"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87988549","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/09615768.2023.2187616
Prabhash Ranjan
Political commentators in the United Kingdom (UK) and elsewhere have written much about the theme of ‘Global Britain’ that started to emerge after the UK’s decision to exit from the European Union (Brexit). The concept of ‘Global Britain’ is about the UK reinvesting in its relationships with other countries, championing a rule-based international order, and signalling an assertive, inclusive, outward-facing, and free-trading Britain. While some criticise this theme as a vision of ‘Empire 2.0′, some argue that there are inherent contradictions in the theme of ‘Global Britain’ due to a high anti-globalism sentiment that led to Brexit, on the one hand, and the UK’s desire to forge new trade deals with several countries, on the other. One of the important pillars of the ‘Global Britain’ theme is the UK’s role as an energetic champion of free and open trade. As part of this initiative, the UK has signed several free trade agreements (FTAs) and is also negotiating many more with countries like India. India figures prominently in the vision of Global Britain. As part of Global Britain’s Indo-Pacific strategy, the UK is desirous of deepening its
{"title":"India-UK Investment Relations and ‘Global Britain’","authors":"Prabhash Ranjan","doi":"10.1080/09615768.2023.2187616","DOIUrl":"https://doi.org/10.1080/09615768.2023.2187616","url":null,"abstract":"Political commentators in the United Kingdom (UK) and elsewhere have written much about the theme of ‘Global Britain’ that started to emerge after the UK’s decision to exit from the European Union (Brexit). The concept of ‘Global Britain’ is about the UK reinvesting in its relationships with other countries, championing a rule-based international order, and signalling an assertive, inclusive, outward-facing, and free-trading Britain. While some criticise this theme as a vision of ‘Empire 2.0′, some argue that there are inherent contradictions in the theme of ‘Global Britain’ due to a high anti-globalism sentiment that led to Brexit, on the one hand, and the UK’s desire to forge new trade deals with several countries, on the other. One of the important pillars of the ‘Global Britain’ theme is the UK’s role as an energetic champion of free and open trade. As part of this initiative, the UK has signed several free trade agreements (FTAs) and is also negotiating many more with countries like India. India figures prominently in the vision of Global Britain. As part of Global Britain’s Indo-Pacific strategy, the UK is desirous of deepening its","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"33 1","pages":"120 - 144"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81103085","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/09615768.2023.2188881
K. Dawar
INTRODUCTION The
介绍的
{"title":"Global Britain and the national interest: Development aid under the FDCO","authors":"K. Dawar","doi":"10.1080/09615768.2023.2188881","DOIUrl":"https://doi.org/10.1080/09615768.2023.2188881","url":null,"abstract":"INTRODUCTION The","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"21 1","pages":"105 - 119"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83231312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/09615768.2023.2196834
T. Morgandi, L. Bartels
The origins of the Energy Charter Treaty (‘ECT’) lie in the collapse of the Soviet Union in the early 1990s, which led Western European states to seek to secure supplies of hydrocarbon energy from countries in the former Soviet bloc, where these resources were located; in exchange, these countries would receive foreign investment, technical cooperation and be able to trade more easily with Western Europe. To this end, the ECT set out provisions on free trade and transit, based on the General Agreement on Tariffs and Trade (‘GATT’) 1947, as well as provisions on investment promotion and protection in the energy sector. Despite its original focus on Europe and countries of the former Soviet Union, the ECT’s final geographical coverage was broader: it was open to states from all parts of the globe, and these came to include, in addition to Western European countries and those of the former Soviet bloc, Afghanistan, Australia, Japan, Jordan, Mongolia, Turkey and Yemen.
{"title":"Exiting the Energy Charter Treaty under the law of treaties","authors":"T. Morgandi, L. Bartels","doi":"10.1080/09615768.2023.2196834","DOIUrl":"https://doi.org/10.1080/09615768.2023.2196834","url":null,"abstract":"The origins of the Energy Charter Treaty (‘ECT’) lie in the collapse of the Soviet Union in the early 1990s, which led Western European states to seek to secure supplies of hydrocarbon energy from countries in the former Soviet bloc, where these resources were located; in exchange, these countries would receive foreign investment, technical cooperation and be able to trade more easily with Western Europe. To this end, the ECT set out provisions on free trade and transit, based on the General Agreement on Tariffs and Trade (‘GATT’) 1947, as well as provisions on investment promotion and protection in the energy sector. Despite its original focus on Europe and countries of the former Soviet Union, the ECT’s final geographical coverage was broader: it was open to states from all parts of the globe, and these came to include, in addition to Western European countries and those of the former Soviet bloc, Afghanistan, Australia, Japan, Jordan, Mongolia, Turkey and Yemen.","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"62 1","pages":"145 - 169"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84708142","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/09615768.2023.2205974
F. Ortino, K. Ewing
In this issue, we begin to address the much-vaunted vision of ‘Global Britain’ focusing in particular on Britain’s mission as the champion of global free trade. What does it mean? What are its implications? What kind of country will emerge from the postBrexit chaos? How will it affect our politics? How will it affect our legal systems? How will it affect our economy? How will it affect our prosperity and our lifestyles? These are big questions which will no doubt take generations before we can begin to provide conclusive and meaningful answers. But the conditions from which these answers will emerge are being created now, and need better to be understood. Here we aim modestly to assess the emerging legal foundations from which the answers to these questions will emerge. The eight articles in this special issue address various trade policy aspects of the post-Brexit landscape, beginning with a lucid overview by Filippo Fontanelli. The latter sets the scene, by examining the transformation of UK-related trade law from the EU internal market to the EU-UK Trade and Cooperation Agreement, as well as novel or rolled-over trade deals with third parties. Thereafter different contributions assess the impact of Global Britain on different topics or subject-matters. Fiona Smith explores the emerging vision for agri-food trade within the broader context of Global Britain and its impact on post-Brexit Britain. This is followed by a very ambitious paper in which Lorenzo Cotula assesses the implications of Brexit for the UK’s relations with African, Caribbean and Pacific (ACP) countries, in the process highlighting the significance of long histories of slavery, colonialism and empire. Cotula deals critically with the Economic Partnership Agreements (EPAs) concluded between the UK and ACP countries, and examines how relations with these countries could be reconceived.
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Pub Date : 2023-01-02DOI: 10.1080/09615768.2023.2199467
Ioannis Katsaroumpas
The recently concluded UK free trade agreements with Australia (UKAFTA) and New Zealand (UKNZFTA) merit close scrutiny. As the first UK FTAs to be negotiated from scratch after Brexit, they provide concrete evidence of the UK’s formative approach towards the trade-labour linkage. They follow the ambitious EU-UK Trade & Co-operation Agreement (TCA), commended for the width and strength of its multilateral labour commitments. However, the exceptional circumstances surrounding its conclusion, namely the need to avert a no-deal Brexit and the fact of the previous deep alignment between the UK and EU legal systems, rendered its treatment as precedent-setting premature without further evidence from subsequent agreements. There exists a vast multi-disciplinary literature on labour clauses in trade agreements. While trade law scholars tend to debate the protectionist effect of these clauses on trade, labour scholars focus on assessing their instrumental effect on protecting labour rights
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Pub Date : 2023-01-02DOI: 10.1080/09615768.2023.2187615
F. Fontanelli
This is the story of the legal impact that Brexit has had on UK’s trade with the rest of the world, including the European Union (EU). This article explains how the rules governing UK international trade flows (incoming and outgoing) have changed with the country’s exit from the EU and the subsequent conclusion of trade agreements with trade partners, most importantly the Trade and Cooperation Agreement (TCA) with the EU. Any attempt to tell this story is inevitably incomplete and selective, and so is this article. It offers to readers without advanced knowledge in matters of trade (and trade law) an entry-point to understand what has happened in this field, without the partisan takes that have saturated the public debate in the past decade, and with the benefit of some years of hindsight. I will sketch the two main scenarios in turn, to track the transformation of a changing landscape: (i) the pre-Brexit world, and (ii) the post-Brexit world (more specifically, the world emerging from the entry into effect of the TCA on 1 January 2021). The transition period and the ‘no deal’ scenario will not be discussed in-depth, but
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Pub Date : 2023-01-02DOI: 10.1080/09615768.2023.2188887
Stephen Daly, M. Hearson
At first sight, the UK’s prominent role in the ‘transformation’ of international tax in recent years is an exemplar of Global Britain at work: using its influence on the world stage to support stronger, more effective international tax cooperation. Arguably it was at the London G20 Summit of 2009 that the transformation towards more intensive multilateral tax cooperation began. Successive British prime ministers and chancellors, before and after the Brexit vote, gave vocal support to ambitious Organisation for Economic Cooperation and Development (OECD) initiatives that began there. In particular, the UK sought to use its chairing of the G8 in 2013 and G7 in 2021 to achieve breakthroughs in OECD negotiations. Yet, in multilateral tax cooperation the UK has historically been sceptical towards the creation of new soft and hard law institutions. It opposed the creation of tax committees at the UN after the second world war and again in the 1960s; it was hostile to the OEEC Committee that became the OECD’s Committee on Fiscal Affairs, as well as to its
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Pub Date : 2022-09-02DOI: 10.1080/09615768.2022.2123125
I. Loveland
This paper presents a hypothetical Supreme Court judgment issued in response to a similarly hypothetical entrenchment problem arising in the context of the United Kingdom's withdrawal from the European Union. The article imagines a scenario in which a Conservative government facing electoral defeat presses legislation through Parliament which is intended to entrench - to a very high degree - the United Kingdom's withdrawal. The hypothetical litigation suggests that the Supreme Court would upheld such legislation in the face of a subsequent statute passed in the ordinary way which purports to repeal the earlier Act.
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Pub Date : 2022-09-02DOI: 10.1080/09615768.2022.2135252
P. Scott
What does it mean? The mind boggles. It has gone way beyond the Maxwell Fyfe directive. Is MI5 to monitor speculators against sterling? Is it to place the gnomes of Zurich under surveillance? Will Smiley be sent off to the souks of Cairo to make sure that another “ Hero from Zero ” does not grab hold of Harrods? Is Bulldog Drummond to be sent to the Mexican fastness of Sir James Goldsmith to make sure he is not cornering the market on salmonella-free eggs? What does it mean? 1
这是什么意思?这让人难以置信。它已经远远超出了麦克斯韦·菲夫指令。军情五处会监控投机者对英镑的态度吗?是为了监视苏黎世的地精吗?斯迈利是否会被派往开罗的露天市场，以确保另一个“从零开始的英雄”不会占领哈罗德百货公司?牛头犬德拉蒙德(Bulldog Drummond)是否会被派往詹姆斯•戈德史密斯爵士(Sir James Goldsmith)的墨西哥餐厅，以确保它不会垄断不含沙门氏菌的鸡蛋市场?这是什么意思?1
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