One of Many Challenges after ‘Brexit’: The Institutional Framework of an Alternative Agreement — Lessons from Switzerland and Elsewhere?

Tobler, Christa

doi:10.1177/1023263x1602300402

Cited by 5 publications

(2 citation statements)

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“…In the absence of an overhaul on these lines, no significant new agreements have been concluded since 2008. 95 Negotiations around the dispute resolution processes (and the discussions more broadly) are ongoing, and the Draft Swiss/EU Institutional Framework Agreement (Draft IFA) for a future relationship takes a more dynamic approach.…”

Section: Bilateral Model: Swiss/eumentioning

confidence: 99%

Post‐‘Brexit’ Financial Governance: Which Dispute Settlement Framework Should Be Utilised?

Howell

2019

Modern Law Review

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This contribution to the ongoing Brexit discussions addresses topical legal and regulatory issues in the post-Brexit policy debate, especially the questions surrounding the important area of financial governance and dispute resolution. Specifically, a number of future UK/EU legal disputes with respect to financial services may emerge post-Brexit. The article examines the UK's track record at the Court of Justice of the European Union, and discusses some likely future challenges. It then considers which institutional framework should be used for resolving disagreements. The article assesses the strengths and weaknesses of three potential models (the proposed Swiss/EU institutional framework; the EFTA 'docking' option; and the WTO system) and provides an original cross-model evaluation. It also discusses the associated design challenges that EU and UK negotiators may encounter in the attempt to devise a post-Brexit dispute settlement system.

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Section: Bilateral Model: Swiss/eumentioning

confidence: 99%

Post‐‘Brexit’ Financial Governance: Which Dispute Settlement Framework Should Be Utilised?

Howell

2019

Modern Law Review

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“…The European Union (EU) associates with third countries in a variety of manners (Lavenex, Lemkuhl, & Wichmann, 2009). The unique "Swiss way" of association has received increasing attention in the context of Brexit because Switzerland has no institutional framework agreement with the EU (Tobler, 2016). The EU-Swiss relationship is defined by sectoral agreements.…”

Section: Introductionmentioning

confidence: 99%

The Effect of European Integration on Swiss Energy Policy and Governance

Baal

Finger

2019

PaG

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The unique “Swiss way” of association with the European Union (EU) has received increasing attention in light of recent events such as Brexit as it is based on sectoral agreements without an overarching institutional framework. As such, Europeanization of Swiss domestic policy does not follow a straightforward process. We examine the external governance processes that drive the Europeanization of Swiss energy policy. Switzerland and the EU are highly interdependent in energy due to Switzerland’s geographical position but there is a relatively low level of policy alignment, as there is no formal EU-Swiss energy agreement nor has Switzerland autonomously implemented legislation equivalent to the EU energy acquis. The EU has fully liberalized the energy market and is focusing on consumer empowerment and decarbonization through the Clean Energy Package, whereas the Swiss energy sector remains only partially liberalized. Through a series of expert interviews with key stakeholders, we reconstruct the historical developments in Swiss energy policy, focusing on the relationship with, and the influence of the EU. We observe elements of each of the three ideal modes of governance—markets, hierarchies, and networks. The relative importance of these modes of coordination in governing EU-Swiss energy relations has shifted considerably over time. Gradual harmonization of EU energy markets and certain key events have driven Swiss exclusion from EU network governance processes, leading to more hierarchy. We identify the strengths and weaknesses of each mode of governance for EU-Swiss energy relations in their historical setting and discuss the implications for energy policy in Switzerland in the context of the Clean Energy Package and EU external relations in general.

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Der sektorale Ansatz der EU und der Schweiz unter Druck, nicht zuletzt wegen des Brexit

Tobler

2023

Recht Der EU-Außenbeziehungen

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One of Many Challenges after ‘Brexit’: The Institutional Framework of an Alternative Agreement — Lessons from Switzerland and Elsewhere?

Cited by 5 publications

References 0 publications

Post‐‘Brexit’ Financial Governance: Which Dispute Settlement Framework Should Be Utilised?

Post‐‘Brexit’ Financial Governance: Which Dispute Settlement Framework Should Be Utilised?

The Effect of European Integration on Swiss Energy Policy and Governance

Der sektorale Ansatz der EU und der Schweiz unter Druck, nicht zuletzt wegen des Brexit

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