Three academics from The City Law School – Elaine Fahey, Panos Koutrakos and Jed Odermatt – have contributed to a new edited volume The EU and its Member States’ Joint Participation in International Agreements (Hart 2022). The volume is based on contributions presented at a workshop held at the University of Geneva in November 2020.
EU law has developed a unique and complex system under which the Union and its Member States can both act under international law, separately, jointly or in parallel. International law was not set up to deal with such complex and hybrid arrangements, which raise questions under both international and EU law. Thie book assesses how EU law has been adapted to cope with the constraints of international law in situations in which the EU and its Member States act jointly in relations with other States and international organisations. Each chapter was jointly written by a team of two authors. The various contributions offer new insights into the tension that continues to exist between EU and international law obligations in relation to the (joint) participation of the EU and its Member States in international agreements.
The City Law School’s Dr Margaret Carran has carried out a follow-up study regarding online consumer protection offered to gamblers across EU Member States.
A follow-up study undertaken by The City Law School’s Dr Margaret Carran into online consumer protection offered to online gamblers across the EU demonstrates that while high-level convergence of online gambling regulations has started to emerge, specific provisions continue to vary across EU Member States.
As the UK continues to establish its own trade policy, it is vital that legal services, which provide more than £60 billion per year to the UK’s economy, are paid sufficient attention in trade negotiations. UK legal expertise is high demand around the world and the service of international clients is a key source of revenue for many UK lawyers. Lawyers rely on the possibility of short-term visits to foreign jurisdictions for the purposes of providing legal advice (sometimes described as fly-in fly-out, or FIFO) as well as temporary secondment/establishment rights in a jurisdiction. While there are many lucrative, fast-growing markets in Asia, the ability for lawyers to continue to provide advice in these ways in the EU is an issue of some importance. The Lawyer’s Establishment Directive ceased to apply to UK lawyers at the end of the transition period. Today UK lawyers seeking to provide legal advice in the EU must deal with 27 separate regulatory regimes.
Fortunately, the principle of home title practice was recognised in the EU-UK Trade and Cooperation Agreement (TCA), finalized at the end of last year. It should be pointed out that the inclusion of any material on legal services in a Free Trade Agreement is in itself a achievement since historically they have been ignored in international negotiations, with the Comprehensive Progressive Trans-Pacific Partnership (CPTPP) and the agreement in principle between the UK and Australia other notable exceptions. Under the home title principle, parties to the TCA agree to permit practice by lawyers of the other party under their home jurisdiction professional qualification with regards to advice on home country and public international law, as well as arbitration, conciliation and mediation. On their own these are already sizable areas of the legal services market for most UK lawyers serving clients in the EU.
The EU-US trade partnership is the largest bilateral trade and investment relationship between the largest economies in the world (the EU economy accounts for 25.1% of global GDP and the US one represents 21.6%). Although bilateral, the EU-US trade partnership heavily impacts the global economy given that the EU or the US (or both) are the most important business partners for most countries worldwide. Furthermore, although the role of China as the EU’s import source for goods has greatly expanded in the last years, the US remains the EU’s largest trade and investment partner.
After the tensions characterizing the “Trump era” (e.g., US tariffs imposed on EU steel and aluminium recently suspended for a two-year period), the EU-US partnership on trade seems to be experiencing its “Renaissance”. The new Biden administration may provide a chance for a renovated transatlantic partnership, centred on cooperation over global challenges such as climate change and the concerns originating from the digitalisation of the economy. With regard to the latter issue, the EU-US Trade and Technology Council (EU-US TTC), established in June 2021 following an EU-US Summit, proves the improvement in the EU-US relation. In particular, one of the Council’s main goals is to strengthen the EU-US global cooperation on technology, digital issues and supply chains. The summit served to reiterate the EU-US commitment over the reform of the WTO’s negotiating function and dispute settlement system. Nonetheless, as will be extensively illustrated in the following, tensions do not seem to have been dispelled completely (e.g., the suspension of aluminium and steel tariffs is only temporary).
The European Union has become an ever more visible and active player at the international level. Legal scholarship has addressed this phenomenon. The field of EU external relations law discusses the legal issues that arise from the EU’s activity on the international plane. Much of this literature is focused on the internal issues that the European Union and its Member States face. In International Law and the European Union, I sought to explore the issues that arise, not only for the EU legal order, but also for international law and for non-EU states.
International Law and the European Union
To do so, the book integrates the perspectives of European Union law and of international law. In researching the book, I quickly realized that there were diverging views about the very nature of the EU and its legal order. As I discuss in Chapter 1 on ‘The European Union in International Law’ both legal scholarship and practice present an ‘EU law’ view and an ‘international law view’ on the nature of the European Union. The EU law view tends to see the EU as a unique legal order, one that has escaped from its international law origins. It is highly influenced by the narrative, established by the Court of Justice of the EU in van Gend & Loos and later judgments, of the Union as a ‘new legal order’. This internal narrative remains contested in international law scholarship, which tends to view the Union as a type of international organization, albeit one that has developed a number of unique features. The aim of the book is not to argue which of these views is ‘correct’. Rather, it accepts that the EU is a unique type of legal entity, and explores how international law concepts and principles have adjusted and respond to these claims. Rather than provide a unitary theory of the European Union that could address the types of legal clashes and conflicts that arise under EU and international law, it explores the ways that public international law addresses legal subjects other than states.
Elaine Fahey and Isabella Mancini
“Understanding the EU as a Good Global Governance Actor: ambitions, direction and values” is the provisional title of a book project forthcoming with Edward Elgar in 2022 and edited by (Elaine Fahey City Law School) and Isabella Mancini (City Law School/ Brunel Law School).