Human Rights Council in Troubled Waters: The EU as a Stabilising Factor

Author(s):  
Theodor Rathgeber
Author(s):  
Anatoly Boyashov

The current methodological debates on the EU external actions at international organisations raise the issue of the EU coherence. The scholarship tends to focus on EU vertical and horizontal coherence in various policies, making the EU internal coordination central in the analysis. Neither horizontal nor vertical EU coherence leads to understanding why the EU is accused of “double standards”. Little research explores the external contestation as a pivotal matter of the EU effectiveness, performance, actorness. It appears promising to make the EU action coherent over various multilateral bodies. This paper argues that the external environment is the key element for the external coherence of the EU action at the UN Human Rights Council (HRC) and the Council of Europe (CoE). It answers the research question: how to measure external coherence in EU action at the HRC/CoE? The proposed indicators are the following: 1) coherence in references to the UN/CoE and to the EU founding treaties and pivotal documents on human rights; 2) degree of external support/contestation for the EU objectives at the HRC/CoE; 3) degree of coherence of EU external representation to the HRC/CoE; 4) degree of coherence in formulating priorities and using instruments at the HRC/CoE. The paper provides the assessment by the UN, EU and non-EU experts of the EU external coherence, which is followed by policy recommendations.


2021 ◽  
pp. 61-82
Author(s):  
Anatoly Boyashov

The chapter's argument anchors the debates on what type of a competitor the European Union is. On a larger scale, it addresses the question about the nature of competition within the United Nations. A large share of European integration literature suggests that the EU competes as a Þ-U+201C-Þnormative power EuropeÞ-U+201D-Þ thus identifying competition as a struggle for prestige and status. The proponents of the other perspective pinpoint the EU identity as a Þ-U+201C-Þmarket power EuropeÞ-U+201D-Þ-to gain advantages, the EU hence seeks to guide competition with its wealth. This chapter argues the augmenting complexity of international organizations pushes the EU to act as Þ-U+201C-Þnetwork power EuropeÞ-U+201D-Þ and compete for the structural position a Þ-U+201C-ÞbridgeÞ-U+201D-Þ in complex networks.


2021 ◽  
Vol 106 (6) ◽  
pp. 155-166
Author(s):  
Anatoliy Boyashov ◽  

Having developed into a political and ideological concept since the 1990s, global governance has evolved as a priority of the European Union. Although the EU promotes the idea of state decentralization within global governance at the UN, in the EU itself the state is paramount. This article examines the structure of the complex networks of the UN Human Rights Council. The scholarly problem of the article is the contradiction between the key decision-making role of the state in the HRC and increasingly complex social networks of the UN system. The Council is structured in a way that ensures the active participation of transnational corporations, NGOs, and EU supranational institutions in its agenda. Does this hypothetically mean that the role of the state in the UN system and in international affairs is declining? The focus of this article is on the ties between states, NGOs, and international organizations in the UN Human Rights Council. These ties suggest that the state is included in complex networks and enhances their sustainment.


Author(s):  
Anna Hernandez-Połczyńska

The scale of immigration problems in Europe today is well-known and broadly dis-cussed. The article identifies how this issue is reflected in two Human Rights Council mechanisms: Special Procedures and the Universal Periodic Review. The Special Rap-porteur on the human rights of migrants, François Crépeau, undertook a regional study on the management of the external borders of the European Union and its impact on the human rights of migrants. The analysis of the annual and country visits’ reports allows the main immigration problems facing the EU countries and threats for the protection of human rights to be identified. The recommendations made by the Special Rapporteur are confronted with those taken up in the UPR process. Special attention is given to the EU countries’ position on the problem of immigrants. Their reluctance to raise this issue in the UPR weakens the credibility of EU Member States and puts the objectivity of the mechanism into question.


2019 ◽  
pp. 247-265
Author(s):  
Lucie Hanzlíčková ◽  
Irena Melounová ◽  
Štěpánka Zemanová

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.


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