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The EU and its Member States’ Joint Participation in International Agreements

March 3, 2022 / / 0 Comments

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.

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Russian invasion of Ukraine – Legal Developments and Sources

March 2, 2022 / / 2 Comments

Jed Odermatt 

An overview of the latest legal developments and sources related to the Russian invasion of Ukraine.

General Information

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Introducing IP Accidents

February 14, 2022 / / 0 Comments

Patrick Goold

Imagine you are Olivia Rodrigo. This may be harder for some of us than others, but bear with me. You have just released your new single Brutal. Your new song has been called brilliant and one of the best songs of the year by critics. But then the phone rings with the bad news: your song contains a riff that is very similar to the famous guitar riff in Elvis Costello’s Pump It Up and you are being sued for copyright infringement.[1] Rats! As a responsible creator, you try to avoid copying material from others. You even have people in your record company who check your songs prior to release to avoid incidents like this. But alas, sometimes accidents still happen.

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The Legal (Im)possibilities of the EU Implementing the OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting

February 7, 2022 / / 0 Comments

Dr Maria Kendrick, Lecturer at City Law Schol has published a new article on ‘The Legal (Im)possibilities of the EU Implementing the OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting‘ in the  Global Trade and Customs Journal. Continue reading

Ethnic minority and migrant women’ struggles in accessing healthcare during COVID-19: an intersectional analysis

January 31, 2022 / / 1 Comment

Sabrina Germain & Adrienne Yong

In their recent published article in the interdisciplinary Journal for Cultural Research, Dr Sabrina Germain & Dr Adrienne Yong (Senior Lecturers at The City Law School) shine a spotlight on an area of the recent COVID-19 pandemic that has arguably been overshadowed throughout this public health crisis – the effect the pandemic has had on access to healthcare for women at the intersection of their ethnic minority status and gender, and their migration status and gender. Focusing on two distinct groups of women – ethnic minority women, and migrant women – Germain and Yong apply the theory of intersectionality coined by Kimberlé Crenshaw to investigate barriers to accessing healthcare in the United Kingdom as they have been particularly exacerbated by the pandemic.

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Second Edition of key text on the EU Charter of Fundamental Rights launched in The City Law School

January 9, 2022 / / 0 Comments

A second and much-welcomed new edition of the ‘The EU Charter of Fundamental Rights: A Commentary’ (Hart Publishing) was launched in The City Law School building on 1 December 2021.

The book is edited by Steve Peers, Professor of EU Law at the University of Essex; Tamara Hervey, Jean Monnet Professor of EU Law at the City Law School; Jeff Kenner, Professor of EU Law at the University of Nottingham; and Angela Ward, Référendaire in the Chambers of Advocate General Niilo Jääskinen at the Court of Justice of the European Union, and Visiting Professor in the Faculty of Law at Birkbeck College, University of London.

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Significant Differences Still Persist in Protecting Gamblers

December 20, 2021 / / 0 Comments

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.

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Legal Services Provisions in the UK-EU Trade and Cooperation Agreement: Good but Incomplete

December 15, 2021 / / 0 Comments

David Collins

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.
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The “Renaissance” of the EU-US Trade Relationship: Tensions and Progress in a Fast-Moving Digital World

December 3, 2021 / / 0 Comments

Giulio Kowalski

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).
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The CPTPP as a New Regime for World Trade?

October 1, 2021 / / 0 Comments

David Collins

Formal talks on the UK’s accession to the 11-nation Comprehensive Progressive Trans-Pacific Partnership (CPTPP) began this week after several months of preliminary negotiations. The fast-growing Asia-Pacific region served by the CPTPP promises to eclipse the economic activity of the rest of Europe, if not the world, well into the 21st Century. More than that, the CPTPP may be poised to establish itself as a near-global regime for trade governance in conjunction, or perhaps in competition with the 164 nation World Trade Organization (WTO). Covering matters such as tariff and non-tariff barriers on goods, market access for services, intellectual property and subsidies like the WTO, the CPTPP also has rules on digital trade and investment which the 26-year-old WTO, with all of the problems associated with needing global consensus, does not. Whereas momentum in multilateral trade liberalisation has stalled in recent years with little to no progress on the key issues of agricultural subsidies, fisheries or dispute settlement, interest in the CPTPP is picking up speed. Continue reading

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