Movement of Goods Under the TCA
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Publication Date
2022-04Journal Title
Global Policy
ISSN
1758-5880
Publisher
London School of Economics and Political Science
Type
Article
This Version
AM
Metadata
Show full item recordCitation
Barnard, C., & Leinarte, E. (2022). Movement of Goods Under the TCA. Global Policy https://doi.org/10.1111/1758-5899.13074
Abstract
For many people, trade is about goods and so the most momentous aspect of the Trade and Cooperation Agreement (TCA) are the provisions on goods. This article looks at the provisions on the trade in goods under the TCA and compares them with those on the Customs Union and the Single Market for goods under EU law (which still apply to Northern Ireland under the Ireland/Northern Ireland Protocol). It argues that the approach to the movement of goods in the TCA has much more in common with the World Trade Organization’s (WTO) provisions on goods, on which the TCA draws heavily, than EU law. This shift to a ‘WTO plus’ approach (as opposed to an ‘EU law minus’) is because the UK government considered that the Brexit vote gave a green light for a total break with the EU’s rules. Using four examples (the principle of non-discrimination; the significance of a ‘0, 0’ agreement; regulatory barriers to trade; and mutual recognition), this article shows just how close the TCA Title on Trade in Goods is to WTO law – and how far it is from EU law.
Keywords
Trade and Cooperation Agreement, TCA, EU, European Union, Brexit, Northern Ireland Protocol, NIP, Free movement, Movement of goods, Free movement of goods, Withdrawal Agreement, WA, Trade, Tariff
Sponsorship
ESRC (ES/T000716/1)
Embargo Lift Date
2023-11-01
Identifiers
External DOI: https://doi.org/10.1111/1758-5899.13074
This record's URL: https://www.repository.cam.ac.uk/handle/1810/335262
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