Yuliya Kaspiarovich

Yuliya Kaspiarovich is completing her PhD in EU Law at the Law Faculty of the University of Geneva. She holds a Master degree in European Studies from the Global Studies Institute of The University of Geneva (2014) and a Master in European and International Law from the University of Bordeaux Montesquieu IV (2012). She was also awarded the Diploma of the Academy of European Law, EUI, Florence on the Law of the EU (2017). For her bachelor degrees she studied Law and Political Science (University of Bordeaux Montesquieu IV) and translation and interpretation (Minsk State Linguistic University). In 2014 Yuliya worked as legal and parliamentary assistant to a Swiss MP and completed an Internship at the UN Economic Commission for Europe. Since 2015 Yuliya has worked at the Global Studies Institute as teaching and research assistant where she is teaching EU Law (institutional and CJEU’s case law) to Master students.

Yuliya’s thesis questions the rationale behind investment protection in the EU legal order in the light of the principle of mutual trust. Her broader research interests cover European institutional Law, EU external relations law and Brexit. She is currently researching the nature of EU mixed agreements from EU and International Law perspectives. She is also involved in interdisciplinary research activities at the Geneva Transformative Governance Lab, especially on the project questioning the implications of COVID-19 pandemic on democratic resilience.

Research Project

EU Mixed Agreements under the stress of Brexit: Is there a solution for the UK’s continuous participation in EU mixed agreements under EU and International Law?   This research project will investigate the legal implications of Brexit on the UK’s participation in EU mixed agreements from EU and International Law perspectives. The UK, as a Member State of the EU, signed and concluded numerous mixed agreements with the rest of the world. According to the withdrawal agreement, the UK will not be bound by EU international agreements (also mixed agreements) after the transition period. On the one hand, from the perspective of the EU Law, this is perfectly consistent with art. 216(2) TFEU and the bilateral legal nature of EU mixed agreements. On the other hand, it is problematic from the International Law perspective as the UK is also a proper contracting party to EU mixed agreements. In order to analyze legal solutions for the UK’s continuous participation in EU mixed agreements after Brexit, we will look at concrete case-studies. Considering the important economic implications of Brexit, we will analyze two agreements in particular: the EEA and CETA agreements. Different legal frameworks (EU and International Law) will be considered in different time-frames (during and after transition period) as well as the text of both agreements. We expect that the legal analysis of the EEA and CETA as cases will throw light on a potential generalized solution for the UK’s continuous participation in EU mixed agreements after Brexit.