Cardiff University | Prifysgol Caerdydd ORCA
Online Research @ Cardiff 
WelshClear Cookie - decide language by browser settings

International obligations and devolved powers - ploughing through competences and GM crops

Engel, Annegret and Petetin, Ludivine 2018. International obligations and devolved powers - ploughing through competences and GM crops. Environmental Law Review 20 (1) , pp. 16-31. 10.1177/1461452918759639

[img]
Preview
PDF - Accepted Post-Print Version
Download (499kB) | Preview

Abstract

This paper analyses the impact of Brexit on devolved competences in environmental protection. It maps the post-Brexit division of the United Kingdom (UK)’s internal (devolved) and external (international) competences and how this may shift when competences are returned from the European Union (EU). Crucially, the paper suggests that certain of these EU powers do not simply derive from the EU but are in fact already held by the devolved regions in accordance with the principle of subsidiarity. Consequently, devolved competences are under threat of being pre-empted, as the UK seeks to harmonise otherwise fragmented policies and legislation in order to comply with obligations at international level. This conundrum is illustrated here using a case study on genetically modified crop cultivation, which identifies the conflicts in the UK’s proclaimed strategy post-Brexit between international obligations and devolved competences and the legal challenges this entails.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Publisher: Vathek Publishing
ISSN: 1461-4529
Date of First Compliant Deposit: 2 February 2018
Date of Acceptance: 26 January 2018
Last Modified: 28 Jun 2019 10:40
URI: http://orca.cf.ac.uk/id/eprint/108545

Citation Data

Cited 2 times in Scopus. View in Scopus. Powered By Scopus® Data

Actions (repository staff only)

Edit Item Edit Item

Downloads

Downloads per month over past year

View more statistics