About Emily Lydgate

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So far Emily Lydgate has created 53 blog entries.

Briefing Paper 49 – MAINTAINING THE UK INTERNAL MARKET FOR FOOD STANDARDS: FRAGMENTATION, COOPERATION OR CONTROL?

The House of Lords are currently debating the controversial Internal Market Bill. In so doing, they are highlighting the ways in which the Bill threatens to undermine the devolution settlement. In this Briefing Paper, Emily Lydgate and Chloe Anthony spell out the issues that the Internal Market Bill raises for the relationship between England, Scotland and Wales in the critical area of food standards. The authors conclude that the overriding outcome is the consolidation of power in the central UK Government, raising significant – and still unresolved – constitutional and trade questions. Read Briefing Paper 49: MAINTAINING THE UK INTERNAL MARKET FOR FOOD STANDARDS: FRAGMENTATION, COOPERATION OR CONTROL?

By , |2024-11-20T13:09:03+00:001 November 2020|Briefing Papers|0 Comments

BP 47 – Can the UK Government be ‘world-leading’ in both trade and climate policy?

Download Briefing Paper 47 Briefing Paper 47 – September 2020 Emily Lydgate and Chloe Anthony Key Points Introduction Setting out a clear strategy Core legislation does not integrate trade-related emissions into the climate target UK Free Trade Agreements diverge in approach and ambition Acting on areas of ‘mutual supportiveness’ Fossil fuel subsidies are non-transparent A positive step for policy coherence: liberalisation of environmental goods Addressing areas of potential conflict Climate change mitigation subsidies in the global context Current UK climate change mitigation subsidies are not ambitious or transparent enough UK carbon pricing is still not high or consistent enough to meet the net-zero target Conclusion Key points To become a world leader in trade and climate policy the UK needs to develop an integrated strategy that enhances areas of mutual supportiveness and addresses areas of potential conflict. Enhancing mutual supportiveness: UK climate legislation does not currently include trade-related emissions. Factoring in aviation and shipping would help to address this problem. The UK’s approach to integrating climate into its new free trade agreements (FTAs), as well as its ‘continuity agreements’ with former EU FTA trade partners, is inconsistent. Notably, continuity agreements are a lost opportunity to update existing trade [...]

By , |2025-12-12T11:19:46+00:009 September 2020|Comments Off on BP 47 – Can the UK Government be ‘world-leading’ in both trade and climate policy?

Briefing Paper 47 – CAN THE UK GOVERNMENT BE ‘WORLD-LEADING’ IN BOTH TRADE AND CLIMATE POLICY?

The UK is the first major economy to commit to a net-zero emissions by 2050 climate target, and it also has ambitious trade policy goals of providing multilateral leadership and concluding major new trade agreements. This Briefing Paper examines the coherence of UK trade and climate goals in regards to whether the UK Government has set out a clear strategy for integrating trade and climate policy, is acting on areas of mutual supportiveness, and is addressing areas of potential conflict. The authors find room for improvement in relation to all three areas. They identify a lack of cross-cutting strategy in UK climate legislation and in its approach to free trade agreements,  and suggest the UK reforms its approach to fossil fuel subsidies and builds on its efforts in regard to environmental goods. Finally, the authors underscore the need for ambition and transparency for green subsidies and carbon pricing. Read Briefing Paper 47: CAN THE UK GOVERNMENT BE ‘WORLD-LEADING’ IN BOTH TRADE AND CLIMATE POLICY

By , |2024-11-20T13:09:51+00:001 September 2020|Briefing Papers|0 Comments

Environment and climate change in the EU-UK negotiations: Arguing the toss over nothing

26 May 2020 Dr Emily Lydgate is a Senior Lecturer in Environmental Law at the University of Sussex and a Fellow of the UK Trade Policy Observatory. The fundamental difference between the EU and UK positions on environment and climate is that of tradition (in the UK) versus innovation (in the EU). In fact tradition is somewhat of an understatement – the UK has made good on its aspiration for a ‘Canada-style’ deal by copying the environment chapter from that Agreement in its proposed EU Free Trade Agreement (FTA) more or less verbatim. This chapter is relatively mild in the level of obligation it imposes. It requires parties to uphold and enforce their own domestic environmental laws, but only if failing to do so would encourage trade and investment. Violation of this commitment does not lead to trade sanctions or fines. This raises some questions. […]

By |2025-07-18T10:43:47+01:0026 May 2020|UK- EU|0 Comments

BP 38 – Destruction of the Union: too high a price to pay for a US trade agreement

Download Briefing Paper 38 Briefing Paper 38 – December 2019 Emily Lydgate, Chloe Anthony, Erik Millstone Key Points Introduction The current state of affairs What will replace the EU and allow for a UK ‘Single Market’? The UK’s alternative futures Policy recommendations Footnotes Key points: A UK-US trade agreement would likely require changes to UK domestic legislation in very sensitive areas, including drug pricing and food safety regulation, which Scotland, with its large Remain-voting majority and stated desire to maintain alignment with EU regulation, would strenuously oppose. Leaving the EU creates a legal and policy vacuum regarding the relationship between devolved nations, and the extent to which they can influence UK trade negotiations. By not taking Scotland’s interests sufficiently into consideration, the UK risks fuelling the Scottish independence movement and/or introducing internal trade barriers between England, Wales and Scotland (Northern Ireland will be subject to separate arrangements anyway). The UK Government may be forced to choose between facilitating trade with the US or holding on to the UK’s fragile national identity. The destruction of the UK internal market – and potentially the Union itself – seems too high a price to pay for a US Free Trade Agreement. [...]

By , , |2025-12-12T11:45:24+00:0010 December 2019|Comments Off on BP 38 – Destruction of the Union: too high a price to pay for a US trade agreement

Briefing Paper 38 – DESTRUCTION OF THE UNION: TOO HIGH A PRICE TO PAY FOR A US TRADE AGREEMENT

The importance of EU rules to maintaining open borders within Ireland has been at the centre of UK and EU negotiations. Yet what is less appreciated is the significance of those rules for achieving frictionless trade between England, Scotland and Wales. In this Briefing Paper, the authors highlight that leaving the EU could create new border trade barriers inside the UK, and opens up questions about how – and whether – the devolved nations will unite with England on external trade agreements. They argue that a US trade negotiation poses a serious threat to the unity of the United Kingdom because it would likely require changes to UK domestic legislation in very sensitive areas, including drug pricing and food safety regulation, which Scotland, with its large Remain-voting majority and stated desire to maintain alignment with EU regulation, would strenuously oppose. The authors argue that devolved nations should have a formal role in the setting of UK negotiating objectives, to ensure, among other things, that external trade agreements do not lead to internal trade barriers. Read Briefing Paper 38: DESTRUCTION OF THE UNION: TOO HIGH A PRICE TO PAY FOR A US TRADE AGREEMENT

By , , |2024-11-20T13:15:17+00:001 December 2019|Briefing Papers|0 Comments

Border posts at Gretna Green? Loosening food safety legislation could put Union under serious strain

5 November 2019 Border posts could be required at Gretna Green and the Severn Bridge in response to widening regional standards in food safety that could open up after Brexit, our new Briefing Paper warns. Our analysis warns of the potential for very different regulatory approaches between the UK Government and devolved authorities towards controversial food practices including chlorinated chicken, GM crops and pesticides. The existence of such discrepancies would likely have a significant and detrimental impact on the UK’s ability to strike trade deals, analysis by Dr Emily Lydgate, Chloe Anthony and Prof Erik Millstone has warned. […]

By , |2025-09-05T12:14:31+01:005 November 2019|UK- EU|3 Comments

Briefing Paper 37 – BREXIT FOOD SAFETY LEGISLATION AND POTENTIAL IMPLICATIONS FOR UK TRADE: THE DEVIL IN THE DETAILS

As set out in the EU Withdrawal Act (2018) the government’s approach to Brexit is to transfer EU law into UK law and address any deficiencies in that law by secondary legislation. This Briefing Paper examines post-Brexit food safety legislation and finds that the UK’s post-Brexit  safety rules fall short of the level of protection currently provided by the EU and, in some cases, they give ministers broad discretion to make future changes without full parliamentary scrutiny.  This would provide a relatively clear path for a UK Prime Minister to overcome parliamentary opposition to any new trade agreements that cover agricultural and food products, such as US-UK FTA. Also, Brexit food safety legislation allows for devolution which could undermine both the UK’s ability to undertake a unified approach to external trade agreements and also the maintenance of the UK’s internal free movement of goods. Read Briefing Paper 37 BREXIT FOOD SAFETY LEGISLATION AND POTENTIAL IMPLICATIONS FOR UK TRADE: THE DEVIL IN THE DETAILS

By , , |2024-11-20T13:15:39+00:002 November 2019|Briefing Papers|0 Comments

BP 37 – Brexit food safety legislation and potential implications for UK trade: The devil in the details

Download Briefing Paper 37 Briefing Paper 37 – November 2019 Emily Lydgate, Chloe Anthony and Erik Millstone Key Points Introduction Preparing UK Food Safety Legislation For Brexit Deep Regulatory Reform, Not a Technical Exercise Will The UK Agricultural and Food Safety and Standards Legislation be Functionally Equivalent to That of The EU? Pesticide Approvals and Maximum Residue Levels in Food and Feed GMO Authorisations and Labelling Food Additive Authorisations and Monitoring Micro-Biological Food Safety Trade Implications Conclusions Recommendations Footnotes Key points The Government’s approach, as set out in the EU Withdrawal Act (2018), is to transfer EU law into UK law and address any ‘deficiencies’ in that law (such as references to EU institutions) by secondary legislation. This has resulted in a large body of new food safety legislation that replaces EU legislative processes and institutions with those of the UK. Detaching UK food safety regulation from EU bodies, while maintaining agricultural and food systems that are no less harmful to the environment and public health, is a challenging task. This is because the UK must develop capacities, competencies and procedures that have not been required or available domestically for many years. It is thus implausible to suggest, [...]

By , , |2025-12-12T10:54:33+00:001 November 2019|Comments Off on BP 37 – Brexit food safety legislation and potential implications for UK trade: The devil in the details

UK food safety Statutory Instruments: A problem for US-UK negotiations?

12 September 2019 Chloe Anthony and Dr Emily Lydgate – lecturer in Law at the University of Sussex and a fellow of the UK Trade Policy Observatory. The US remains top of the list of post-Brexit UK trade negotiations, with Boris Johnson recently putting a quick US deal as a first priority. The US’s strongly-worded negotiating objectives include loosening EU ‘non-science-based’ bans or restrictions on Genetically Modified Organisms (GMOs), pesticides, food additives, hormone-enhanced meat, in addition to the infamous chlorinated chicken. As former international trade secretary Liam Fox conceded, a US-UK Free Trade Agreement (FTA) that excludes food and agriculture is a non-starter from the US perspective. […]

By , |2025-07-18T11:09:05+01:0012 September 2019|UK - Non EU|1 Comment
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