Environmental cooperation in the post-Brexit era: enhancing collaborative approaches for environmental protection and conservation

Book chapter


Olmos Giupponi, B. 2024. Environmental cooperation in the post-Brexit era: enhancing collaborative approaches for environmental protection and conservation. in: Guinchard, E. and Panara, C. (ed.) The New Relationship between the United Kingdom and the European Union Springer.
Chapter titleEnvironmental cooperation in the post-Brexit era: enhancing collaborative approaches for environmental protection and conservation
AuthorsOlmos Giupponi, B.
Abstract

Brexit has led to profound changes in the United Kingdom's environmental legislation, previously dominated by EU regulations. While Brexit advocates argued for the UK's autonomy in crafting its own policies, EU law continues to exert influence in several areas. Central to this transition is the Retained EU Legislation (Revocation and Reform) Act, which enables the UK to retain or modify EU-derived laws through mechanisms such as the sunset clause. This introduces concerns about legislative gaps that may weaken environmental protections.

The EU-UK Trade and Cooperation Agreement (TCA) plays a key role in maintaining environmental standards, with provisions like the "non-regression" clause preventing a rollback of protections, and the Level-Playing Field framework incorporating principles such as "polluter pays" and the precautionary principle. Despite these safeguards, the post-Brexit period has raised questions about the UK's capacity to ensure robust environmental governance, particularly given the challenges posed by devolution, especially in Scotland, and the limited timeframe for legislative reviews.

The introduction of the Environment Act 2021 aims to address these gaps, providing a new framework for environmental protection. Nonetheless, the ongoing recalibration of environmental law post-Brexit poses significant challenges to the UK's ability to meet its international commitments and maintain equivalent standards across all sectors of environmental governance.

KeywordsBrexit; Environmental Legislation; Retained EU Legislation; Sunset Clause; EU-UK Trade and Cooperation Agreement (TCA); Non-regression Clause; Level-Playing Field; Environmental Protection; Devolution; Environment Act 2021; UK-EU Relations; Environmental Governance; International Environmental Agreements
Sustainable Development Goals11 Sustainable cities and communities
Middlesex University ThemeSustainability
Book titleThe New Relationship between the United Kingdom and the European Union
EditorsGuinchard, E. and Panara, C.
PublisherSpringer
ISBN
Hardcover9783031706516
Paperback9783031706547
Electronic9783031706523
Publication dates
Print08 Dec 2024
Publication process dates
Accepted01 Sep 2024
Deposited18 Sep 2024
Output statusIn press
Accepted author manuscript
File Access Level
Open
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Is part ofhttps://link.springer.com/book/9783031706516
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