In two previous blog posts (one here on this blog and an earlier one on EU Law Analysis) I pre-emptively commented on the possible legal construction of professional qualification recognition post-Brexit. Now that the EU-UK Trade and Cooperation Agreement has been published, it is appropriate to describe and critically reflect upon the actual legal construction…
Are exploitative contracts part of innovation? 2020 has not only been a year of pandemic. The year has also provided additions to the growing tome of ‘gig economy’ litigation; case law that has largely (though not exclusively) centred around Uber. Employment status has been the focal point of this discussion. Attention should be drawn to…
As the COVID-19 pandemic engulfs the world, requiring an unprecedented and, as of yet, unforthcoming global response, the idea of Brexit, the sheer self-indulgence and chicanery of Brexit, has quickly become remote from the minds of policy makers and peoples alike. Nevertheless, with negotiations on ‘forging a new partnership’ between the EU and the UK…
The adjustment that the UK will have to make to accommodate our post-Brexit global trade and security ambitions will involve enormous effort, ingenuity and change. No-one knows what the outcome will be. For almost 50 years, the UK was a member of the European Union. The UK’s trade policy was aligned to the Union in…
Whilst the EU-UK trade negotiations have barely commenced, one thing is already quite clear: the two sides are poles apart on the key issue of level playing field (LPF) provisions and the extent to which these should feature in a future EU-UK free trade agreement. The aim of these provisions, as originally set out in…
Thinking positively ‘Do or die’, the UK will leave the EU by end of October 2019. Since assuming the role of Prime Minister, Boris Johnson has made a number of spending commitments including: £1.85 billion for hospital upgrades and equipment, 20,000 more police officers by 2022, more money for schools, and raising the higher tax…
What is the scope for freedom of expression in globalization? Regulating for Globalization focuses on its namesake with an emphasis on trade, labour and European Union law. Each of these topics can be discussed on their own. There are, additionally, topics which link each of them. It is contended that free speech is one of them….
The law of obligations and SMEs With its first released decision of 2019, the Ontario (Canada) Court of Appeal added itself to the growing list of Uber litigation Heller v Uber Technologies Inc 2019 ONCA 1. Most often, Uber drivers challenge their employment status. Largely, courts have found against Uber; drivers fall into some aspect…
Please find below the abstract of “Future Partnership in EU–UK Cross-Border Civil Judicial Cooperation” by Zheng Sophia Tang, published in European Foreign Affairs Review, Issue 4, Volume 23 (2018) edited by Jörg Monar and Nanette Neuwahl. In the past forty years, the EU has established a very successful and effective civil judicial cooperation scheme that…
Please find below the abstract of “The Criminal Provisions of German and UK Export Control and Sanctions Law” by Malte Wilke & Hinrich Rüping, published in Global Trade and Customs Journal, Issue 1, Volume 14 (2019) edited by Jeff Snyder. Germany and the UK have been among the strongest supporters of a liberal trade policy…
AS THE confusion continues over whether the UK’s exit from the EU will be “hard”, “soft” or “just right”, HM Revenue & Customs (HMRC)has announced certain goods entering Britain from the EU will be allowed through without checks or payment of duty for a temporary period. This approach is consistent with promises from the UK…
Introduction In June 2018, I presented a paper on ‘Trade in Services, Migration and Recognition of Professional Qualifications post-Brexit’ (draft available here) at the third Radboud Economic Law Conference, ‘Upgrading Trade and Services in EU and International Economic Law’. At the time, my interim conclusion (summarised in a blog post here) was that the ideal…
While the eventual outcome of the UK’s withdrawal from the EU remains uncertain, the text of the Withdrawal Agreement (WA) offers some insight into the likely approach of the EU to labour standards in any future EU-UK relationship. The WA was accompanied by a Political Declaration on the Future Relationship. In relation to social and…
Connectivity brings a broader range of work Social media platforms connect individuals in ways that often blur the line between work and leisure. Although there has been an increase in the number of employment law cases illustrating the negative aspects of this intersection, there are opportunities within the platforms. In fact, the platforms may constitute…
Please find below the journal abstract of “The New Politics of Time” by Emily Rose published in International Journal of Comparative Labour Law and Industrial Relations, Issue 4, Volume 34 (2018) edited by Guy Davidov. New forms of temporal contestation are taking place in the world of work. UK employers are requiring from workers…
Please find below the journal abstract of “VAT and Brexit: The Past, Present and Future” by Jeremy Cape, published in EC Tax Review, Volume 27, Issue 6, edited by B. J. Kiekebeld Exact science rarely emerges during times of febrile political discourse such as that currently revolving around the withdrawal of the UK from the EU….
Please find below the journal abstract of “Brexit and the Common Law Constitution” by Gordon Anthony published in European Public Law Issue 4, Volume 24, 2018 edited by Patrick Birkinshaw. This article considers the implications that Brexit holds for the UK’s ‘common law constitution’ – the body of principles and norms that the courts have developed in case law…
Source: https://www.reuters.com The legal position of the UK within the WTO is not in doubt: the UK has always been a full Member of the WTO and will remain so post-Brexit – the problem lies in determining the exact terms and conditions of its membership. It is unlikely that any issues will arise regarding the…
The networked society as a new landscape for obligations The neighbour principle On 26 May 1932, the UK’s House of Lords, released its decision in Donoghue v Stevenson. This decision has been influential for tort law in the common law world. Often referred to in less austere terms such as the ‘snail in the bottle…
We wanted to draw your attention to some interesting articles about the topics of the Regulating for Globalization blog that appeared in the European Foreign Affairs Review Volume 23, Issue 3, 2018, edited by Jörg Monar & Nanette Neuwahl. Han Dorussen, Emil J. Kirchner, Thomas Christiansen, ‘Security Cooperation in EU–China Relations: Towards Convergence?’ (2018)…
