- in China
- within Environment topic(s)
Michael Howe, Édouard Bruc, and Milena Maltese Zuffo have published an article entitled "Fishing in Uncharted Waters: The First Ever Arbitral Award Under the EU-UK TCA" in the IBA Dispute Resolution International Journal. The article examines the first arbitral award rendered under the EU-UK Trade and Cooperation Agreement ('TCA'), prompted by the United Kingdom's prohibition of sandeel fishing in English and Scottish waters. It analyses the tensions between regulatory autonomy and treaty-based obligations, with particular attention to the role of scientific evidence, the principle of proportionality and allegations of discrimination. The tribunal's reasoning, which upholds the Scottish ban while identifying procedural deficiencies in the English measure, sheds light on the dynamic relationship between environmental protection and international trade law. The article further considers the award's procedural innovations and reflects on its broader implications for the future operation of dispute resolution mechanisms under the TCA.
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Originally published by International Bar Associationon 08 December 2025.
This article first appeared in the October 2025 issue of Dispute Resolution International (Vol 19, No 2), and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association
