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International Obligations and Devolved Powers : Ploughing through Competences and GM Crops

Engel, Annegret LU and Petetin, Ludivine (2018) In Environmental law review 20(1). p.16-31
Abstract
This article analyses the impact of Brexit on devolved competences in environmental protection. It maps the post-Brexit division of the United Kingdom (UK)’s internal (devolved) and external (international) competences and how this may shift when competences are returned from the European Union (EU). Crucially, the article suggests that certain of these EU powers do not simply derive from the EU but are, in fact, already held by the devolved regions in accordance with the principle of subsidiarity. Consequently, devolved competences are under threat of being pre-empted as the UK seeks to harmonise otherwise fragmented policies and legislation to comply with obligations at international level. This conundrum is illustrated here using a case... (More)
This article analyses the impact of Brexit on devolved competences in environmental protection. It maps the post-Brexit division of the United Kingdom (UK)’s internal (devolved) and external (international) competences and how this may shift when competences are returned from the European Union (EU). Crucially, the article suggests that certain of these EU powers do not simply derive from the EU but are, in fact, already held by the devolved regions in accordance with the principle of subsidiarity. Consequently, devolved competences are under threat of being pre-empted as the UK seeks to harmonise otherwise fragmented policies and legislation to comply with obligations at international level. This conundrum is illustrated here using a case study on genetically modified crop cultivation, which identifies the conflicts in the UK’s proclaimed strategy post-Brexit between international obligations and devolved competences and the legal challenges this entails. (Less)
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Contribution to journal
publication status
published
subject
keywords
Environmental law, Miljörätt
in
Environmental law review
volume
20
issue
1
pages
16 - 31
external identifiers
  • scopus:85060289431
language
English
LU publication?
no
id
9fbd1e63-a9bd-4639-86f9-7d2ff2d850cb
date added to LUP
2019-03-20 15:58:04
date last changed
2020-12-29 01:17:31
@article{9fbd1e63-a9bd-4639-86f9-7d2ff2d850cb,
  abstract     = {This article analyses the impact of Brexit on devolved competences in environmental protection. It maps the post-Brexit division of the United Kingdom (UK)’s internal (devolved) and external (international) competences and how this may shift when competences are returned from the European Union (EU). Crucially, the article suggests that certain of these EU powers do not simply derive from the EU but are, in fact, already held by the devolved regions in accordance with the principle of subsidiarity. Consequently, devolved competences are under threat of being pre-empted as the UK seeks to harmonise otherwise fragmented policies and legislation to comply with obligations at international level. This conundrum is illustrated here using a case study on genetically modified crop cultivation, which identifies the conflicts in the UK’s proclaimed strategy post-Brexit between international obligations and devolved competences and the legal challenges this entails.},
  author       = {Engel, Annegret and Petetin, Ludivine},
  language     = {eng},
  number       = {1},
  pages        = {16--31},
  series       = {Environmental law review},
  title        = {International Obligations and Devolved Powers : Ploughing through Competences and GM Crops},
  volume       = {20},
  year         = {2018},
}