The double-facing foreign relations function of the executive and its self-enforcing obligation to comply with international law

How does the international Rule of Law apply to constrain the conduct of the Executive within a constitutional State that adopts a dualist approach to the reception of international law? This paper argues that, so far from being inconsistent with the concept of the Rule of Law, the Executive within a dualist constitution has a self-enforcing obligation to abide by the obligations of the State under international law. This is not dependent on Parliament’s incorporation of treaty obligations into domestic law. It is the correlative consequence of the allocation to the Executive of the power to conduct foreign relations. The paper develops this argument in response to recent debate in the United Kingdom on whether Ministers have an obligation to comply with international law–a reference that the Government removed from the Ministerial Code. It shows that such an obligation is consistent with both four centuries of the practice of the British State and with principle

School buildings: frequently asked questions (SPICe briefing; 11/11)

"This briefing gives an overview of key facts relating to school buildings, based on enquiries frequently received in SPICe. This updates SPICe briefing 09/72." - Cover

Uncertainty Across the Pond: An Evaluation of Equity Market Returns and Currency Fluctuations in Reaction to Key Brexit Events

The citizens of the United Kingdom shocked the world on June 23rd, 2016 when they voted in favor of leaving the European Union. The 3-year aftermath of the Referendum has created a large amount of uncertainty regarding the future of the United Kingdom economy and its post-Brexit relationship with the European Union. The purpose of this research is to explore how the financial markets react to Brexit news headlines, compare the returns of European and non-European exchange-traded funds (ETFs) and currencies, identify common themes, and ultimately shed light on how investors weigh-in on the interconnectedness of the UK, the EU, and the broader global markets. After researching the major milestones in the development of Brexit, twenty-three different events were selected for this study. To look at the financial market’s reaction, UK, EU, Germany, United States, and South African ETFs and currency returns in response to Brexit news were recorded. The results show that positive Brexit news headlines are a universal benefit but generate higher returns for the European Union and Germany as opposed to the United Kingdom itself, and that shared negative returns affect the United Kingdom to a greater extent. Investors are pricing in the uncertain and negative implications of Brexit to the point where the United Kingdom has limited upside and plenty of downside within the realms of the financial markets

Democracy and Digital Authoritarianism: An Assessment of the EU’s External Engagement in the Promotion and Protection of Internet Freedom. College of Europe EU Diplomacy Paper 01/2020

The past decade has seen a gradual global increase in digital authoritarianism. Internet shutdowns, online censorship, mass surveillance and violations of privacy rights have all become more frequent in parts of the world where citizens are not guaranteed sufficient digital rights. The task of defending, promoting and protecting internet freedom is becoming increasingly relevant for the European Union (EU) − for internal digital and cybersecurity policies as well as for the EU’s external promotion of democracy and human rights. Whilst much has been written about the various internal policies which establish and protect internet freedom within the European Union and its member states, the EU’s external engagement in this field remains critically under-researched. To what extent does the EU engage externally in the promotion and protection of internet freedom? This paper answers this question by covering a wide variety of policy fields including human rights and democracy promotion, digital policy, enlargement and neighbourhood policy, development cooperation and trade policy. Whereas the EU faces a limited opportunity to shape global norms with regard to internet freedom or to change the course of digitally authoritarian states, it has demonstrated several strengths which deserve not to be overlooked. These include, for example, the externalisation of internal data protection and policies and the provision of direct support and protection for civil society. Despite facing significant obstacles, the promotion and protection of internet freedom has become an important area of the EU’s external action which is only set to become more relevant in the coming years

Policy Performance and Governance Capacities in the OECD and EU. Sustainable Governance Indicators 2018. Bertelsmann Studies

This year marks the release of the third edition of the Sustainable Governance Indicators (SGI). The highly developed industrial nations continue to face enormous challenges, due not only to aftereffects of the global economic and financial crisis and the associated labor-market and sociopolitical upheavals. In other areas too, these nations look forward to a future rife with complex problems. Aging and shrinking populations, environmental and climatic changes, and social, cultural and technological shifts are placing democracies under massive pressure to adapt. As early as the first edition of the SGI, it was evident that despite often-similar reform pressures, political systems’ approaches and track records show significant variance. And in times of advancing globalization, the need for effective governance driven by capable leadership remains important. The previous SGI editions have also underscored the fact that this steering capability depends critically on the ability to combine short-term responsiveness with long-term resolve in policymaking