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Models of institutionalised (dis)integration? What next for the EU-US, CETA and Brexit?

Speaker: Dr. Elaine Fahey is Emile Noël fellow at New York University (NYU) Law School and Reader in Law and Associate Dean (International) at the Institute for the Study of European Law (ISEL), the City Law School, City University London.

Despite its ostensible centrality to the study of institutions and their evolution in the EU context, there is little by way of legal literature focused upon the European Union which considers the concept ‘institutionalisation’. Similarly, there is no innately multi-disciplinary or shared understanding of the term across disciplines. However, it ‘matters’. Organisations which incorporate ‘institutionalised’ practices, innovate institutions or systems are perceived to be more legitimate, successful and likely to succeed. The global climate for institutionalisation has shifted dramatically. The era of the Trump administration and Brexit ostensibly puts new pressures upon the global legal order and its rules-based ideals through institutions, but also the EU’s projects of institutionalization. The EU still has an ambitious array of agreements under negotiation, not least its negotiations with Canada, now appearing to come to fruition. However, significant challenges lie ahead with a new level of hostility from the US administration towards Europe not witnessed in the post-World War II era and a hard Brexit looms large under a tight negotiation deadline with the UK after its landmark Brexit vote.

The institutionalization of EU-US relations envisaged in TTIP was far reaching. CETA possess a much more modest variant of institutional cooperated based upon Regulatory Cooperation and an Investment Court. A key part of the Brexit negotiation ‘red lines’ of the UK government is to deny the EU institutions, specifically its Court of Justice any role in a future agreement or even in any transitional arrangement which looks likely to give rise to significant possibilities of a disorderly Brexit and the weakening of EU institutions. The Trump regime has concerns about China’s rising incidence of litigation before the WTO and has mooted circumventing this key institution of the global legal order in favour of Reagen-eseque methods. The fall back of the UK Government in the Brexit talks is to adopt WTO rules and its institutional provisions. And so how do we understand institutions and institutionalization in this new era and its relationship to contemporary global governance?


Faculty Interest, Student Interest




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