UK trade agreements and the double bind of devolved regulatory autonomy: the interplay of external commitments and domestic constraints

This paper examines the effect of post-Brexit UK trade agreements on devolved regulatory autonomy. It does so by: (i) carrying out a comprehensive mapping exercise of the overlaps between such agreements and devolved matters; (ii) analysing the domestic legal framework for the implementation of international trade commitments in devolved law; and (iii) identifying the extent to which trade agreements have affected devolved competences and/or caused substantive changes to devolved legislation. The paper demonstrates that UK trade agreements have rarely resulted in significant changes to devolved legislation. This outcome is attributable not only to the limited regulatory ambition of the agreements concluded so far, but also to the distinctive role played by UK domestic implementing legislation in shaping the scope of devolved autonomy. In particular, it shows how the interaction between international trade commitments and the UK’s implementation framework operates as a ‘double bind’ on devolved autonomy.