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Courting Complexity: Lessons from EU-UK Disputes

Frick, Emily LU (2025) LAGM01 20251
Department of Law
Faculty of Law
Abstract (Swedish)
This thesis presents a comparative legal analysis of the dispute settlement mechanisms embedded in the EU–UK Withdrawal Agreement (WA), the Trade and Cooperation Agreement (TCA), and the framework of the World Trade Organization (WTO). In the aftermath of Brexit, the legal reconfigura-tion between the European Union and the United Kingdom has introduced new institutional and procedural complexities in the handling of cross-border disputes. Through a doctrinal and comparative methodology, this study exam-ines the design, scope, and enforcement capacity of these mechanisms, and evaluates their effectiveness in maintaining legal coherence, national sover-eignty, and stable trade relations.
Particular emphasis is placed on the TCA’s... (More)
This thesis presents a comparative legal analysis of the dispute settlement mechanisms embedded in the EU–UK Withdrawal Agreement (WA), the Trade and Cooperation Agreement (TCA), and the framework of the World Trade Organization (WTO). In the aftermath of Brexit, the legal reconfigura-tion between the European Union and the United Kingdom has introduced new institutional and procedural complexities in the handling of cross-border disputes. Through a doctrinal and comparative methodology, this study exam-ines the design, scope, and enforcement capacity of these mechanisms, and evaluates their effectiveness in maintaining legal coherence, national sover-eignty, and stable trade relations.
Particular emphasis is placed on the TCA’s arbitration-based model and its divergence from the more judicialised structure of the WA, especially with regard to the role of the Court of Justice of the European Union (CJEU). The well-established WTO dispute system serves as a point of comparison for assessing procedural efficiency and compliance dynamics in the broader field of international trade law. The thesis also integrates illustrative case studies—such as the EU–UK dispute over the industrial fishing of sandeels—to con-cretely demonstrate how these mechanisms operate in practice. This case study not only highlights the legal and diplomatic challenges of post-Brexit dispute resolution but also underscores the growing importance of pragmatic solutions in complex and politically sensitive contexts.
Ultimately, the thesis argues that while each mechanism reflects distinct legal philosophies and political compromises – from the more integrated logic of EU law to the state-centric approach of the WTO – a common theme emerges: a persistent tension between national legal autonomy and the necessity of binding international cooperation. This tension is increasingly shaping the development of international economic law and offers important lessons for future agreements and institutional frameworks. (Less)
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author
Frick, Emily LU
supervisor
organization
course
LAGM01 20251
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Brexit, EU, UK, Dispute Settlement, TCA, WTO, WA
language
English
id
9206952
date added to LUP
2025-06-30 14:41:56
date last changed
2025-06-30 14:41:56
@misc{9206952,
  abstract     = {{This thesis presents a comparative legal analysis of the dispute settlement mechanisms embedded in the EU–UK Withdrawal Agreement (WA), the Trade and Cooperation Agreement (TCA), and the framework of the World Trade Organization (WTO). In the aftermath of Brexit, the legal reconfigura-tion between the European Union and the United Kingdom has introduced new institutional and procedural complexities in the handling of cross-border disputes. Through a doctrinal and comparative methodology, this study exam-ines the design, scope, and enforcement capacity of these mechanisms, and evaluates their effectiveness in maintaining legal coherence, national sover-eignty, and stable trade relations.
Particular emphasis is placed on the TCA’s arbitration-based model and its divergence from the more judicialised structure of the WA, especially with regard to the role of the Court of Justice of the European Union (CJEU). The well-established WTO dispute system serves as a point of comparison for assessing procedural efficiency and compliance dynamics in the broader field of international trade law. The thesis also integrates illustrative case studies—such as the EU–UK dispute over the industrial fishing of sandeels—to con-cretely demonstrate how these mechanisms operate in practice. This case study not only highlights the legal and diplomatic challenges of post-Brexit dispute resolution but also underscores the growing importance of pragmatic solutions in complex and politically sensitive contexts.
Ultimately, the thesis argues that while each mechanism reflects distinct legal philosophies and political compromises – from the more integrated logic of EU law to the state-centric approach of the WTO – a common theme emerges: a persistent tension between national legal autonomy and the necessity of binding international cooperation. This tension is increasingly shaping the development of international economic law and offers important lessons for future agreements and institutional frameworks.}},
  author       = {{Frick, Emily}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Courting Complexity: Lessons from EU-UK Disputes}},
  year         = {{2025}},
}