Governance: Managing Bilateral Relations
Brexit Institute Working Paper Series, No 10/2021
16 Pages Posted: 3 Apr 2021
Date Written: March 24, 2021
The prospects for proper governance of the bilateral relations between the EU and UK through the TCA elaborate institutional setting are not good. First, EU and UK have been showing great mutual distrust in their new bilateral relationship under international law. Second, the institutional framework will have to be used for negotiating badly needed supplemental agreements, giving flesh to the trade regime between the parties, instead of being the locus for developing governance processes. In that perspective, EU member states ratifying the TCA on the condition that they will each be allowed to send a representative as part of the EU delegation in all the TCA institutions, hints at lengthy and difficult commercial negotiations. Finally, the DSM (an arbitration panel) being limited to settle dispute between parties, with no possible effects on private legal persons, will not provide opportunities for evolutionary interpretation of the TCA, as a substitute to supplemental agreements.
Keywords: Brexit, Governance, EU-UK Bilateral Relations, Trade and Cooperation Agreement
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