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Legal Certainty and Fragmentation of Harmonisation- The Role of the Dispute Resolution Mechanisms in the EU-UK Trade and Cooperation Agreement

Buttigieg, Ella Natasha LU (2025) HARN63 20251
Department of Business Law
Abstract
This thesis aims to look at the dispute resolution mechanisms in the EU-UK Trade
and Cooperation Agreement (TCA) and how these contribute to the legal certainty
of European Union law and the prevention of fragmentation of EU harmonisation.
Brexit presented unprecedented challenges to the European Union’s (EU) legal order
and brought significant questions to the upholding of legal certainty and
harmonisation under the EU. Particularly, the role of an agreement based on
international law and the loss of jurisdiction of the Court of Justice of the European
Union (CJEU) played a significant role in the uncertainty that the legal order would
face. The research focused particularly on the main dispute resolution mechanism
(DRM) and the... (More)
This thesis aims to look at the dispute resolution mechanisms in the EU-UK Trade
and Cooperation Agreement (TCA) and how these contribute to the legal certainty
of European Union law and the prevention of fragmentation of EU harmonisation.
Brexit presented unprecedented challenges to the European Union’s (EU) legal order
and brought significant questions to the upholding of legal certainty and
harmonisation under the EU. Particularly, the role of an agreement based on
international law and the loss of jurisdiction of the Court of Justice of the European
Union (CJEU) played a significant role in the uncertainty that the legal order would
face. The research focused particularly on the main dispute resolution mechanism
(DRM) and the alternative DRM for the social and environmental standards in the
Level Playing Field provisions.
The central research question examined is: ‘What significance do the dispute
resolution mechanisms in the EU-UK Trade and Cooperation Agreement play in
ensuring legal certainty and preventing the fragmentation of EU harmonisation
following the UK's withdrawal from the EU?’
The research shows that although the dispute resolution mechanisms provide a
structured framework for conflict resolution and seek to prevent detrimental
divergence, their enforcement power differs greatly. Compared to the Level Playing
Field (LPF) proceedings, which are softer and non-binding, the main DRM
arbitration is binding. Because of this, the dispute resolution mechanisms can
promote legal certainty and protect harmonisation, especially in areas with weak
regulations or political sensitivity. However, the study concludes that the exact
extent of their influence on legal certainty and the prevention of fragmentation
depends greatly on their application in practice. (Less)
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author
Buttigieg, Ella Natasha LU
supervisor
organization
course
HARN63 20251
year
type
H1 - Master's Degree (One Year)
subject
keywords
legal certainty, regulatory fragmentation, dispute resolution, EU-UK Trade and Cooperation Agreement, Brexit, EU law, harmonisation, CJEU
language
English
id
9196649
date added to LUP
2025-06-11 09:16:38
date last changed
2025-06-11 09:16:38
@misc{9196649,
  abstract     = {{This thesis aims to look at the dispute resolution mechanisms in the EU-UK Trade
and Cooperation Agreement (TCA) and how these contribute to the legal certainty
of European Union law and the prevention of fragmentation of EU harmonisation.
Brexit presented unprecedented challenges to the European Union’s (EU) legal order
and brought significant questions to the upholding of legal certainty and
harmonisation under the EU. Particularly, the role of an agreement based on
international law and the loss of jurisdiction of the Court of Justice of the European
Union (CJEU) played a significant role in the uncertainty that the legal order would
face. The research focused particularly on the main dispute resolution mechanism
(DRM) and the alternative DRM for the social and environmental standards in the
Level Playing Field provisions.
The central research question examined is: ‘What significance do the dispute
resolution mechanisms in the EU-UK Trade and Cooperation Agreement play in
ensuring legal certainty and preventing the fragmentation of EU harmonisation
following the UK's withdrawal from the EU?’
The research shows that although the dispute resolution mechanisms provide a
structured framework for conflict resolution and seek to prevent detrimental
divergence, their enforcement power differs greatly. Compared to the Level Playing
Field (LPF) proceedings, which are softer and non-binding, the main DRM
arbitration is binding. Because of this, the dispute resolution mechanisms can
promote legal certainty and protect harmonisation, especially in areas with weak
regulations or political sensitivity. However, the study concludes that the exact
extent of their influence on legal certainty and the prevention of fragmentation
depends greatly on their application in practice.}},
  author       = {{Buttigieg, Ella Natasha}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Legal Certainty and Fragmentation of Harmonisation- The Role of the Dispute Resolution Mechanisms in the EU-UK Trade and Cooperation Agreement}},
  year         = {{2025}},
}