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Erika Szyszczak12 November 2020

Professor Erika Szyszczak is a Fellow of UKTPO

In its avowed Global Britain Project the UK promised that Ukraine would be given preferential status in the post-Brexit trade landscape. Finally, on October 8, 2020 the UK and Ukraine signed a Political, Free Trade and Strategic Partnership Agreement (the Agreement).

This is the first comprehensive strategic and trade agreement signed by the UK since the creation of the Foreign, Commonwealth and Development Office, but one of several continuity agreements. The political symbolism of the Agreement is of greater significance than the economic impact of the Agreement, with Ukraine and the UK keen to show that they are independent, sovereign trading nations. (more…)

November 18th, 2020

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Erika Szyszczak29 June 2020

Erika Szyszczak is Professor Emerita and a Fellow of the UKTPO, University of Sussex.

In response to the global economic effects of the COVID-19 pandemic the European Commission has launched a major review of EU trade policy. The first act was to launch an inclusive online public consultation on a number of themes:

  • Building a resilient and sustainable EU economy after the coronavirus
  • Reforming the WTO
  • Creating global trade opportunities for businesses and in particular SMEs
  • Maximising the contribution of trade policy to addressing key global challenges: climate change, sustainable development, the digital transition
  • Strengthening of trade and investment relationships with key trading partners
  • Improving the level playing field and protecting EU business and citizens

(more…)

June 29th, 2020

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Briefing Paper 42 – June 2020

Erika Szyszczak

Key Points

Introduction

Competition Provisions in International Trade Agreements

The EU Negotiating Position

The UK Negotiating Position

New Directions for the Use of State Aid in the UK

What Kind of State Aid Scheme Will the UK Implement?

The Northern Ireland Protocol

A State Aid Plan for Domestic Policy

Conclusion 

Key Points

  • State aid is currently a stumbling block in the EU-UK trade talks.
  • The EU demands a Level Playing Field (LPF) preferring that the UK follows the models found in Association Agreements made between the EU and its neighbours with the UK adopting a dynamic alignment with the EU State aid rules.
  • But the EU has further demands that the UK also works closely with the European Commission and that UK national courts continue to make preliminary references to the European Court of Justice.
  • The UK government wants sovereignty in the area of State aid and prefers to adopt a more relaxed process for international trade based upon the rules in the WTO’s Agreement on Subsidies and Countervailing Measures (ASCM).
  • There is evidence that the UK plans to adopt a different approach to the use of State aid in the future to promote the global economic role of the UK.
  • Relying on WTO rules would not create a robust domestic system of State aid control.
  • In addition to the need to have some form of State aid regulation in place to satisfy international trade concerns it is also necessary for a domestic process to be available to scrutinise and challenge domestic spending.
  • To date, there is no clear proposal as to what a domestic State aid regime would look like.

(more…)

June 19th, 2020

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Erika Szyszczak8 June 2020

Professor Erika Szyszczak is Professor Emerita and a Fellow of UKTPO, University of Sussex.

Control over state aid is a stumbling block for the future of a EU-UK trade agreement. The EU is seeking dynamic alignment of any future UK state aid rules. This is a bold demand, especially since the EU state aid rules will be in a state of flux in the forthcoming years. But if no agreement is reached there are implications for domestic UK policy. (more…)

June 9th, 2020

Posted In: UK- EU

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Erika Szyszczak28 April 2020

Ian Clarke is CEO of Excalibur Managed Services Limited and Professor Erika Szyszczak is a Fellow of UKTPO.

The COVID-19 pandemic has highlighted the importance of global supply chains and the need for robust public procurement policy and procedures. (more…)

April 28th, 2020

Posted In: UK - Non EU, UK- EU

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30 March 2020 

Guest Blog by Ian Clarke, CEO of Excalibur Global Managed Services Ltd.

Following on from the previous blog by Erika Szyszczak on the new temporary adaptation of EU state aid rules in the light of the COVID-19 economic crisis, this blog discusses why the UK should take a cautionary approach to special aid being directed to the aviation sector. (more…)

March 30th, 2020

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Erika Szyszczak27 March 2020

Erika Szyszczak is Professor Emerita at Sussex Law School and a Fellow of UKTPO.

Recent weeks have seen the rapid implementation of measures to manage and maintain EU state aid policy during the COVID-19 crisis. Some Member States, including the UK, have adopted urgent measures to ameliorate damage to their economies. During the transitional period of the Withdrawal Agreement the UK must follow EU law and therefore the responses by the UK Government to the COVID-19 fiscal and economic crisis should comply with EU rules. (more…)

March 27th, 2020

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Erika Szyszczak26 June 2019

Erika Szyszczak is a Research Professor in Law at the University of Sussex and a Fellow of UKTPO

The Dispute Mechanism Systems (DMS) in many trade agreements have lain dormant because countries preferred to use the World Trade Organization (WTO), with its Appellate mechanisms, as the forum to resolve international disputes. This may change in the coming years as the confidence in, and reliability of the WTO, is slowly paralysed by the disruptive attitude of the United States. One question that emerges is whether the use of EU dispute resolution mechanisms offer a faster and clearer approach towards dispute resolution and might serve as a model for future regional trade treaties. (more…)

June 26th, 2019

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Briefing Paper 30 – May 2019

Erika Szyszczak

Key Points

Criticisms and Dissatisfaction with the Existing Investor State Dispute Settlement

Opinion 1/17: A Change of Perspective by the CJEU

EU Proposals for a Multilateral Investment Court

ISDS and EU Competence to Negotiate and Conclude Trade Agreements

Opinion 1/17:  Endorsement of the ICS by AG Bot and the CJEU

The Principle of Autonomy of EU Law (§§106-161)

General Principle of Equal Treatment (§§162-186)

Principle of Effectiveness (§§185-188)

Right of Access to an Independent Tribunal (§§189-244)

The Influence of Opinion 1/17 for Future EU Trade Agreements and the ISDS

… And Brexit

Footnotes

Key Points

  • The EU is playing a leading role in the reform of Investor-State Dispute Settlement System (ISDS)
  • The EU role is multi-faceted; it is an important player in the current UNCITRAL Working Group III discussions on the alternative models of ISDS; it is developing new forms of trade agreements which include independent courts; and the Court of Justice of the EU (CJEU) has contributed to the endorsement of the legality of new forms of court systems to settle investor-state disputes in modern EU trade Treaties
  • The role of the EU as a significant moderniser of trade agreements will have implications for the UK in negotiating any future trade deals with the EU.

(more…)

May 17th, 2019

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Erika Szyszczak11 April 2019

Erika Szyszczak is Professor of Law at the University of Sussex and a fellow of UKTPO.

Tempting as it is to work through the lyrics of the Paul Simon song,* the latest round of Brexit talks between the UK and the EU are already translating into the movie: The Long Goodbye.

By a Decision adopted on 11 April 2019, the European Council – under the patient and saintly leadership of Donald Tusk – agreed to grant the UK a second extension to Article 50 TEU either until 31 October 2019, or, an earlier date (if the Withdrawal Agreement is ratified) or until 31 May 2019 if the UK fails to hold elections to the European Parliament. The UK has in fact put in place an Order to facilitate the organisation of the elections to the European Parliament. (more…)

April 12th, 2019

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