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From extra-territorial leverage and transnational environmental protection to distortions of competition: the level playing field in the EU-UK Trade and Cooperation Agreement

Leonelli, Giulia Claudia (2021) From extra-territorial leverage and transnational environmental protection to distortions of competition: the level playing field in the EU-UK Trade and Cooperation Agreement. Journal of Environmental Law 33 (3), pp. 611-637. ISSN 0952-8873.

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Abstract

This article inquires to what extent the EU-UK Trade and Cooperation Agreement (TCA) may help safeguard high levels of transnational environmental protection, taking into consideration potential reductions in UK levels of protection and the ensuing effects. The article encompasses an analysis of the Trade and Sustainable Development (TSD) Chapters in EU FTAs; in this respect, it emphasises that the TCA’s provisions are innovative. However, the TCA has marked a shift from the EU’s initial attempts to exercise its extra-territorial leverage and push for high levels of transnational environmental protection to a focus on the stricto sensu economic level playing field. This narrow focus cannot possibly capture many aspects of environmental protection. The article thus concludes that, from an environmental perspective, the TCA’s provisions are far from ambitious. Further, it develops some considerations on the way forward for the EU institutions, as they start to rethink their approach to TSD Chapters.

Metadata

Item Type: Article
Additional Information: Reproduced by permission of Oxford University Press
Keyword(s) / Subject(s): EU-UK Trade and Cooperation Agreement, Level Playing Field, Transnational Environmental Protection, Trade and Sustainable Development
School: Birkbeck Faculties and Schools > Faculty of Business and Law > Birkbeck Law School
Depositing User: Giulia Claudia Leonelli
Date Deposited: 01 Nov 2021 12:52
Last Modified: 07 Aug 2025 21:48
URI: https://eprints.bbk.ac.uk/id/eprint/46315

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