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. […]
