Brave New World: Dispute Resolution Under the EU–UK Trade and Cooperation Agreement

This chapter discusses dispute resolution under the Trade and Cooperation Agreement between the EU and the UK (TCA) focussing on selected issues and outlines some of the problems arising. After providing an overview of the TCA, the chapter presents the salient features of the dispute resolution system provided therein focusing on its fragmentation and complexity, the role (or lack thereof) of the Court of Justice, and the position of private parties. It then discusses the principles of level playing fields and non-regression, dispute resolution under Part Three on law enforcement and judicial cooperation, and the protection of EU values through the essential elements clause.