Download or read book Human Rights Conditionality in the EU s International Agreements written by Lorand Bartels and published by Oxford University Press on Demand. This book was released on 2005 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book European Union s Approach to Human Rights Conditionality in Practice written by Elena Fierro and published by Martinus Nijhoff Publishers. This book was released on 2003 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2.2.3. Rule of Law.
Download or read book The EU s Approach to Human Rights Conditionality in Practice written by Elena Fierro and published by BRILL. This book was released on 2021-10-18 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Defending Human Rights and Democracy in the Era of Globalization written by Akrivopoulou, Christina and published by IGI Global. This book was released on 2016-09-21 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Human Rights Conditionality in European Union s External Affairs written by Julieta Kapanadze and published by . This book was released on 2010 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book concerns the conditional use of human rights by the European Union in its external affairs. It traces the emergence of the conditionality within early development policies and later international agreements, subsequently focuses upon human rights conditionality in the context of enlargement. The work gives a comprehensive picture of the use of human rights conditionality in the Union's external affairs, analyzing its implications on third countries and eastward enlargement, focusing on cases of Estonia and Slovakia. In so doing it attempts to show what purposes does human rights conditionality serve and its relative success so far.
Download or read book The European Union and Human Rights written by Jan Wouters and published by Oxford University Press. This book was released on 2020-12-17 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the adoption of the Lisbon Treaty, the profile of human rights issues has greatly risen in relation to EU policies, whether internal or external. The EU has thereby made the commitment to ensure that all its actions are compliant with human rights, and seek to promote them. Yet, the EU's commitment has come under scrutiny, not only for its ground-breaking character, but also because recent events have put it to the test. This volume has been designed to take stock of these developments, to comprehensively discuss the conceptualization and operationalization of the EU's commitment to human rights throughout the EU's relationships, policies, actions and legislative activity, and to critically assess its outcome. This title is divided into four parts: 'Framework' presents the issues related to human rights promotion by the EU; 'Actors' delves into the relationships that play a part, at home or abroad, in regards to human rights policies and judgements; 'Policies' takes a case-study approach and systematically reviews a range of EU internal and external policies to assess their human rights impact and implementation; and finally, 'Strategies' provides an integrated assessment of the design and implementation of the EU's commitment to human rights. This book brings together essays from around the world, each discussing different aspects of EU commitment, and evaluating the extent to which the EU is delivering on it. Each chapter provides an introduction to the state of affairs, discusses opportunities and challenges, and provides recommendations. As such, it is an essential reference book on human rights policies throughout the EU and their impact throughout the world.
Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Coherence and Conditionality in European Foreign Policy written by Marcela Szymanski and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU-Mexico Global Agreement is one of the most comprehensive agreements ever made by the EU with a non-European country, and the first pact that Mexico has ever accepted that conditions the relationship on respect for democracy and human rights. This article explains why the EU insisted on such political conditions in the agreement, and why Mexico ultimately accepted the EU's terms after initially refusing them. As the economic case is only moderately compelling, we focus instead on the Commission's unique capacity to manipulate key elements of the negotiation process. The article also highlights the growing importance of two principles governing the EU's external relations - coherence and political conditionality - and how those principles might further expand the EU's global political influence.
Download or read book Political Conditionality written by Georg Sorensen and published by Routledge. This book was released on 2013-11-05 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The EU as a Global Player in Human Rights written by Jan Wetzel and published by Routledge. This book was released on 2012-02-20 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Treaty of Lisbon has endowed the EU with a normative human rights framework that confirms recognition as a fully-fledged regional mechanism for the protection of human rights. The aim of this book is to contribute to the growing discussion of the external human rights dimension of the European Union. Its theme sits at the crossroads between International and EU law, Human Rights, and Political Science. In moving beyond well-covered topics such as the protection of human rights within the EU, or their relevance for the accession of new Member States, this book asks the broader question of whether EU human rights law has any real relevance on a global scale. In total, The EU as a 'Global Player' in Human Rights gives an overview of the international relevance of EU human rights law by means of exemplary case-studies of the EU’s institutional and substantive protection of human rights, whilst consideration of non-European perspectives from China and Japan underline its global focus. This book will be of particular interest to researchers, students, and practitioners in International and European law, Human Rights Law, European studies and International Relations.
Download or read book The Application of Human Rights Conditionality in the EU s Bilateral Trade Agreements and Other Trade Arrangements with Third Countries written by and published by . This book was released on 2008 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU frequently imposes sanctions on countries that violate human rights and democratic principles in third countries. It does this most frequently within the context of the Common Foreign and Security Policy (CFSP), which usually, but not always,1 implements action taken by the UN Security Council.2 Additionally, the EU conditions economic benefits which it provides to third countries on the compliance of those countries with human rights and democratic principles. This practice of conditionality, on which the present study focuses, takes two main forms. On the one hand, the EU disposes over a range of conditionality clauses permitting the withdrawal of privileges in the event that the beneficiary country violates human rights and democratic principles. On the other, in the area of trade preferences, the EU provides positive incentives to countries that comply with human rights (and other) norms. This study discusses these systems of negative and positive conditionality, with a focus on their consistency, effectiveness, legitimacy and legality. Annex I contains a set of recommendations arising out of the study.
Download or read book Human Rights and the External Relations of the European Community written by Barbara Brandtner and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1990s, human rights have gained increasing importance in the external policies of the European Union (EU) and, in particular, the European Community (EC), the primary focus of this paper. While the precise delimitation of the EC's external human rights competences is still controversial, an analysis of the existing primary sources of Community law (Founding Treaties and case law) and their extension by the Treaty of Amsterdam seems to confirm the emergence of human rights as a 'transversal' Community objective. Moreover, the EC has developed an abundant practice of including human rights aspects in its international agreements (by means of so-called 'human rights clauses'), unilateral trade preference schemes (via 'special incentive arrangements' or 'conditionality requirements') and technical or financial assistance programmes ('human rights clauses' and the 'European Initiative for democracy and the protection of human rights'). From a conceptual perspective, the EC's human rights policy seems governed by the principles of universality and indivisibility. However, the specific weight to be attributed to economic, social or minority rights, the EC's capacity to adhere to international human rights conventions and the interplay between 'First Pillar' (EC) and 'Second Pillar' (CFSP/EU) activities all await future clarification.
Download or read book The European Union as a Diplomatic Actor written by J. Koops and published by Springer. This book was released on 2014-11-11 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Foreign Affairs and the EU Constitution written by Robert Schütze and published by Cambridge University Press. This book was released on 2014-10-16 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.
Download or read book Politics and Institutions in an Integrated Europe written by Barry Eichengreen and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
