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

Engel, Annegret ORCID: https://orcid.org/0000-0001-8237-8442 and Petetin, Ludivine ORCID: https://orcid.org/0000-0001-9853-477X 2018. International obligations and devolved powers - ploughing through competences and GM crops. Environmental Law Review 20 (1) , pp. 16-31. 10.1177/1461452918759639

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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:	Cardiff Law & Politics Law
Publisher:	SAGE
ISSN:	1461-4529
Date of First Compliant Deposit:	2 February 2018
Date of Acceptance:	26 January 2018
Last Modified:	06 Nov 2023 20:14
URI:	https://orca.cardiff.ac.uk/id/eprint/108545

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