Human Rights Conditionality In The Eus International Agreements
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Author | : Lorand Bartels |
Publisher | : Oxford University Press on Demand |
Total Pages | : 270 |
Release | : 2005 |
Genre | : Law |
ISBN | : 9780199277193 |
Since the early 1990s, the European Union has included human rights conditionality clauses in its association agreements and other international trade and cooperation agreements. The purpose of these clauses is to entitle a party to take appropriate measures, including suspension of the agreement, in the event that the other party violates human rights or democratic principles. This book provides an account of the evolution of these clauses, their scope and their operation, and analyses the EU's responsibility, under international law, to implement these clauses domestically. Based on this examination, the book explores the extent to which the EU has the legislative competence to include such clauses in its international agreements, and concludes by considering the implications of ultra vires agreements in EU law. This study offers theoretical insights into aspects of international law as well as EU constitutional and external relations law. Its practical conclusionshave major implications not only for the application of human rights clauses, but also for the EU's international treaty practice more generally. Dr Lorand Bartels brings his expertise in international law to this engaging discussion of the EU's use of human rights conditionality in its international agreements.
Author | : Elena Fierro |
Publisher | : BRILL |
Total Pages | : 448 |
Release | : 2021-10-18 |
Genre | : Law |
ISBN | : 9004481559 |
Human rights in the external relations of the EU may manifest itself in different manners; one of them is the conditionality policy that the EU applies to third countries. This study intends to explore the modalities of this conditionality policy, as well as its nature and reach. It also analyzes how the policy could be improved and be made more coherent and effective. The point of departure is the division made between two modes of conditionality: ex ante and ex post. In the first case the EU issues conditions, which must be fulfilled before the negotiation or conclusion of a given agreement or an action with a view to strengthening the relations. The second case, conditionality ex post , is when conditions are allready part of an agreement or an established relation. The so-called human rights clause, or democratic clause, incarnates the second modality. This study explores both types of conditionality, but puts a special emphasis on the second, given its legal nature, its reciprocity, and its systematic inclusion in all framework agreements. It is argued here that this clause could represent the basis of a fully-fledged human rights policy of EU. At present, however, the implementation of the clause has been fragmentary. The interpretation that has prevailed (the human rights clause being a mechanism of exclusively punitive nature), has constituted an obstacle for its implementation. In addition, the clause has been activated only as a response to breaches of democratic principles (and not human rights) in the ACP countries ( and not other regions). The human rights clause has been the victim of the 'sectorial approaches' where policy choices were determined by the instrument at issue. It is about time for the EU to revisit the interpretation of the clause in order to make of it a dynamic instrument, integrated in a global and coherent external human rights policy.
Author | : Akrivopoulou, Christina |
Publisher | : IGI Global |
Total Pages | : 447 |
Release | : 2016-09-21 |
Genre | : Political Science |
ISBN | : 1522507248 |
The era of technology in which we reside has ushered in a more globalized and connected world. While many benefits are gained from this connectivity, possible disadvantages to issues of human rights are developed as well. Defending Human Rights and Democracy in the Era of Globalization is a pivotal resource for the latest research on the effects of a globalized society regarding issues relating to social ethics and civil rights. Highlighting relevant concepts on political autonomy, migration, and asylum, this book is ideally designed for academicians, professionals, practitioners, and upper-level students interested in the ongoing concerns of human rights.
Author | : Nanette A. Neuwahl |
Publisher | : BRILL |
Total Pages | : 351 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9004482423 |
Author | : Georg Sorensen |
Publisher | : Routledge |
Total Pages | : 141 |
Release | : 2013-11-05 |
Genre | : Business & Economics |
ISBN | : 1135200904 |
Political conditionality involves the linking of development aid to certain standards of observance of human rights and (liberal) democracy in recipient countries. Although this may seem to be an innocent policy, it has the potential to bring about a dramatic change in the basic principles of the international system: putting human rights first means putting respect for individuals and rights before respect for the sovereignty of states.
Author | : Robert Schütze |
Publisher | : Cambridge University Press |
Total Pages | : 557 |
Release | : 2014-10-16 |
Genre | : Law |
ISBN | : 1107037662 |
A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.
Author | : J. Koops |
Publisher | : Springer |
Total Pages | : 221 |
Release | : 2014-11-11 |
Genre | : Political Science |
ISBN | : 1137356855 |
This collection brings together leading scholars and practitioners to assess the processes, institutions and outcomes of the EU's collective diplomatic engagement in the fields of security, human rights, trade and finance and environmental politics. It analyzes successes and failures in the EU's search for global influence in the post-Lisbon era.
Author | : Guillaume Van der Loo |
Publisher | : BRILL |
Total Pages | : 434 |
Release | : 2016-01-19 |
Genre | : Law |
ISBN | : 9004298657 |
In The EU-Ukraine Association Agreement and Deep and Comprehensive Free Trade Area, Guillaume Van der Loo provides the first comprehensive legal analysis of this complex and controversial international agreement. While key political and legal hurdles towards the signing and conclusion of this agreement are analysed, its scope and contents are scrutinised and contrasted to other international agreements concluded by the EU. Specific attention is devoted to the ambitious “deep and comprehensive free trade area” and the unique provisions related to Ukraine’s approximation to the EU acquis. In particular, this book explores to what extent the agreement can be considered a new legal instrument for ‘EU integration without membership’.
Author | : Barry Eichengreen |
Publisher | : Springer Science & Business Media |
Total Pages | : 236 |
Release | : 2012-12-06 |
Genre | : Business & Economics |
ISBN | : 364257811X |
In this volume, a group of distinguished economists, political scientists, and sociologists analyze the political economy of European integration. The authors evaluate recent developments in European politics and institutions. They consider the current situation and prospects for the future of an integrated Europe. This book will be of great interest to observers, scholars, and students of European economic and political affairs, macroeconomic policy, institutional analysis, and comparative and international political economy. The book is unique in combining perspectives from economics and political science and provides in-depth analysis of the new European institutions. It is published in conjunction with "Monetary and Fiscal Policy in an Integrated Europe" by the same editors.
Author | : Ben Tonra |
Publisher | : Manchester University Press |
Total Pages | : 192 |
Release | : 2004 |
Genre | : Political Science |
ISBN | : 9780719060021 |
This text reviews a variety of approaches to the study of the European Union's foreign policy. Much analysis of EU foreign policy contains implicit theoretical assumptions about the nature of the EU and its member states, their inter-relationships, the international system in which they operate and the nature and direction of European integration. In many instances such assumptions, given that they are not discussed openly, curtail rather than facilitate debate. The purpose of this book is to open up this field of enquiry so that students, observers and analysts of EU foreign policy can review a broad range of tools and theoretical templates from which the development and the trajectory of the EU's foreign policy can be studied.