Mainstreaming Human Rights in EuroMed Bilateral Relations

2017 ◽  
Author(s):  
Francesca Ippolito
Keyword(s):  
Human Rights ◽  
Trade Agreements ◽  
European Neighbourhood Policy ◽  
Melting Pot ◽  
Bilateral Relations ◽  
And Performance ◽  
New Generation ◽  
The Eu

This article, focusing on the bilateral dimension of the EuroMed relations related to migration conceptualises the existence of a human rights (HR) mainstreaming duty in EU external policies and attempts to examine the related problems of the application and performance of such a duty based on the analysis of the human rights clauses included in the Association Agreements (AAs) within the European Neighbourhood Policy (ENP) framework, in combination with the mechanism of the “non-affection clause” for formal and informal Readmission Agreements concluded at both the EU (EURAs) and national levels. Just as Pot Luck, Emile Zola’s most acerbic satire, examines the contradictions that pervade bourgeois life to reveal a multitude of betrayals and depict a veritable ‘melting pot’ of moral and sexual degeneracy, so this article will pinpoint a similar ‘Victorian’ hypocrisy underlying the HR mainstreaming conception in EuroMed relations and its implementation through the tool of conditionality. Finally, the work will explore the positive goals of exporting the new conception of an HR mainstreaming duty elaborated for trade agreements into the new generation of AAs and EURAs.

„Sprawa Sahary Zachodniej” – znaczenie instytucji sądowych Unii Europejskiej dla stosowania mechanizmu ocen skutków ochrony praw człowieka w sferze stosunków handlowych z państwami trzecimi

2019 ◽  
Vol 1 ◽  
pp. 163-185 ◽  
Author(s):  
Katarzyna Szepelak
Keyword(s):  
Human Rights ◽  
Trade Agreements ◽  
Case Law ◽  
Western Sahara ◽  
Good Practices ◽  
Trade Relations ◽  
The Third ◽  
The People ◽  
Practical Analysis ◽  
The Eu

Article presents the problem of applying human rights impact assessments by the EU institutions in the trade relations with the third countries and influence of case-law of judiciary institutions of European Union on the development of said instrument. For that purpose instrument of human rights impact assessments was presented along with the good practices regarding normative scope of assessments and desired methodology. Practical analysis of the instrument’s application were exemplified by the description of the EU-Morocco trade agreements influence on human rights of the people of Western Sahara. For that purpose author elaborates on the landmark case-law of the ECJ and EU GC in case of Front Polisario and examines the documents issued in the process of negotiation of the new trade deal within the EU and the Kingdom of Morocco.

Die Kartellrechtsregelungen in den Freihandelsabkommen der Europäischen Union

2021 ◽  
Author(s):  
Sören Gerhard Räthling
Keyword(s):  
Central America ◽  
Free Trade ◽  
First Generation ◽  
Free Trade Agreements ◽  
Competition Law ◽  
Trade Agreements ◽  
Southern Mediterranean ◽  
New Generation ◽  
Former Soviet Republics ◽  
The Eu

The competition law provisions in the free trade agreements of the EU are compared, analyzed and evaluated in the context of the internationalization of competition law and the approaches of the states to deal with this. A proposal for optimization and an epilogue on "Brexit" complete the analysis. The analysis focuses on the so-called "new generation" free trade agreements with Ecuador/Columbia/Peru, Japan, Canada, Singapore, South Korea, Vietnam and Central America, comparing them with the agreements with (potential) EU accessi-on candidates, states of the southern Mediterranean and former Soviet republics as well as the "first generation" free trade agreements of the EU.

The EU human rights and democratisation policy

2020 ◽  
pp. 478-503
Author(s):  
Cristina Churruca Muguruza ◽  
Felipe Gómez Isa
Keyword(s):  
Human Rights ◽  
Action Plan ◽  
External Action ◽  
European Neighbourhood Policy ◽  
Effective Response ◽  
Counter Terrorism ◽  
The World ◽  
Eu Policies ◽  
And Gender ◽  
The Eu

The promise of the Lisbon Treaty to put human rights, democracy, and the rule of law at the centre of all external action led to renew the EU’s efforts to frame an effective response to the challenges that human rights and democracy face worldwide. A Strategic Framework and Action Plan on Human Rights and Democracy was adopted in June 2012 followed by a second Action Plan for 2015–2019. The Action Plans looked to increase the coherence and complementarity of all the tools that support human rights and democracy across the world. This chapter first analyses the objectives and priorities that guide the EU human rights and democratisation policy and the specific tools and instruments developed by the EU to implement them. Then it sheds light on the opportunities and challenges posed by the human rights and democratisation policy using as an example some of the questions raised in the relations between the EU and Egypt, a country under the European Neighbourhood Policy. This case shows that to effectively promote and defend human rights and democracy would mean first of all integrating consistently their promotion in the different EU policies involved in a region such as development, migration, security, counter-terrorism, women’s rights and gender equality, enlargement, and trade. The chapter concludes that the EU should strive to keep its commitment and not to conceal its values in order to be a leading actor in the field of human rights.

scholarly journals EU Trade Agreements and Human Rights: From Extraterritorial to Territorial Obligations

2018 ◽  
Vol 20 (3-4) ◽  
pp. 374-393
Author(s):  
Cedric Ryngaert
Keyword(s):  
European Union ◽  
Human Rights ◽  
Bilateral Trade ◽  
Trade Agreements ◽  
The European Union ◽  
Functional Competence ◽  
Geographic Scope ◽  
The Eu

Abstract As the European Union (EU) pursues bilateral trade agreements with third states, the EU should be cognizant of the potential ‘extraterritorial’ impacts of these agreements on the enjoyment of human rights in third states when designing and concluding bilateral trade agreements with third states. This article develops a jurisdictional model to determine the geographic scope of EU human rights obligations in the context of the adoption of EU bilateral trade agreements. It is submitted that the doctrine’s classic semantic focus on ‘extraterritoriality’, captured by such constructs as control, impact, or functional competence, clouds rather than illuminates matters of scope of human rights obligations in the context of trade agreements. Instead of looking for justifications for the extraterritorial application of human rights, it is suggested to turn the justificatory gaze to the internal territorial aspects of the human rights risks created by EU decisions on the conclusion of bilateral trade agreements. An internal-territorial model obviates the need for an elaborate conceptualization of ‘extraterritorial’ obligations.

scholarly journals Policy vs practice: The use, implementation and enforcement of human rights clauses in the European Union’s international trade agreements

2019 ◽  
Author(s):  
Anne-Carlijn Prickartz ◽  
Isabel Staudinger
Keyword(s):  
Human Rights ◽  
International Trade ◽  
Trade Agreements ◽  
International Trade Agreements ◽  
External Relations ◽  
Protection Of Human Rights ◽  
Shed Light ◽  
Selective Character ◽  
The Eu

In the mid-1990s, the EU adopted a general policy of including human rights clauses in all of its international trade agreements. Through these human rights clauses, in addition to other tools such as Human Rights Dialogue and sanctions, the EU seeks to promote the protection of human rights in its external relations. There are, however, some issues arising regarding the content, use, implementation and activation of these clauses. Not only do human rights clauses in different agreements vary in wording and scope, but also the actual implementation and enforcement by the EU differ from case to case, raising questions as to the selective character and the consistency of the EU’s action and, consequently, as to the EU’s credibility as a normative international actor. The main deficiencies in this regard are the selective and at times inconsistent inclusion and activation of human rights clauses, as shown by an examination of the EU’s agreements and their implementation and enforcement in practice. This article examines human rights clauses in the EU’s international trade agreements and the implementation and enforcement thereof, in order to shed light on the promises and pitfalls of the EU’s human rights efforts.

scholarly journals Cuba – EU: the difficult way to cooperation

2020 ◽  
pp. 173-183
Author(s):  
Nikolay Kalashnikov ◽  
Keyword(s):  
Human Rights ◽  
Economic Cooperation ◽  
European Countries ◽  
Soviet Period ◽  
Economic Interests ◽  
Main Obstacle ◽  
Bilateral Relations ◽  
Common Position ◽  
The Eu

The article analyzes the development of relations between Cuba and European countries during past soviet period. The main characteristic of this process was its unevenness. Having lost the markets of the USSR and European socialist countries Cuba objectively was interested in finding new partners both for replacement of the sources of industrial goods delivery and for exporting its own products. European countries seemed to be adequate substitution of Russia (except petroleum deliveries). The article describes how the economic interests of the EU to enter the capacious Cuban market contradicted with principals of democracy and human rights. That was the reason of freezing periodically the progress in the economic links. The problem was partly resolved when the decisions taken for political reasons did not apply to “EU-Cuba” relations. The main obstacle for the bilateral economic cooperation was the EU’ Common Position, approved in 1996 which didn’t permit for both sides to subscribe the agreement of cooperation. The cancellation of the EU’ Common Position, together with developing of bilateral relations of individual countries with Cuba gives the EU possibilities to become a strategic economic partner of the Island. The analysis of the development EU – Cuba partnership helps to understand better how Cuban leaders act on the international scene.

The human rights encounter between the EU and its Southern Mediterranean Partners

2020 ◽  
pp. 244-264
Author(s):  
T Jeremy Gunn ◽  
Alvaro Lagresa
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Essential Elements ◽  
Double Standards ◽  
Economic Relations ◽  
Bilateral Relations ◽  
Security Relations ◽  
Southern Mediterranean ◽  
The Common ◽  
The Eu

In 2004, the European Commission adopted its ‘European Neighbourhood Policy’ (ENP) to guide relations with the states on its periphery, including its ten ‘Southern Partners’ (Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Palestine, Syria (suspended in 2011), and Tunisia). The ENP promoted the Southern Partners as a ‘ring of friends’, each of which would develop bilateral relations with the EU under the common ENP framework. The ENP and the bilateral Euromed Association Agreements (EMAAs) emphasise the linkage of democracy, human rights, rule of law, trade, economic development, and security relations. Historical European interference in the region, however, in particular the colonial rule of several European countries, has left an enduring taint of hypocrisy and double standards. As of today, none of the ten states, with the arguable and qualified exception of Israel, has developed a representative democracy. Respect for human rights and the rule of law remains a challenge in the region. At the same time, the EU frequently prioritises its ‘hard interests’ in trade and security over its ‘soft values’ of promoting human rights. It is recommended that the EU adhere to its official policies rather than employ mere human rights rhetoric, and to require its Southern Partners to effectively implement their EMAAs (presumably through the ‘essential-elements clauses’). The EU is capable of using its vast and disproportionate economic influence to implement its ‘more for more’ policy: the more the Southern Partners comply with the EMAAs, the better will be economic relations with the EU.

scholarly journals Promoting sustainable development through trade? EU trade agreements and global value chains

2020 ◽  
pp. 1-16
Author(s):  
Arlo Poletti ◽  
Daniela Sicurelli ◽  
Aydin B. Yildirim
Keyword(s):  
Sustainable Development ◽  
Developing Countries ◽  
Domestic Politics ◽  
Trade Agreement ◽  
Trade Agreements ◽  
Global Value Chains ◽  
Labor Cost ◽  
Value Chains ◽  
New Generation ◽  
The Eu

Abstract Sustainable development provisions have become an integral part of the European Union's (EU's) ‘new generation’ trade agreements. Yet, a growing number of empirical works show that their design varies significantly, even in the trade agreements signed with countries at similar (low) levels of development. We contend that this variation can be accounted for by discussing how the growing integration of the EU economy with specific developing countries across global value chains (GVCs) affects the domestic politics of regulatory export in the EU. European firms that operate within GVCs rely on imports of inputs produced in low-labor cost countries. These firms tend to oppose the export of those regulatory burdens that generate an increase in their imports' variable costs. The political mobilization of these actors weakens domestic coalitions supporting regulatory export strategies, which explains why the EU adopts a more lenient approach over the inclusion of sustainable development provisions in Preferential Trade Agreement negotiations with some developing countries.

CETA, TTIP, TiSA, and Their Relationship with EU Law

2017 ◽  
Author(s):  
Stefan Mayr
Keyword(s):  
Trade Agreements ◽  
Legal Order ◽  
International Level ◽  
Eu Law ◽  
Complex Interplay ◽  
Contentious Issue ◽  
Legal Questions ◽  
New Generation ◽  
Effective Representation ◽  
The Eu

This chapter discusses the multifaceted relationship between EU trade agreements of a new generation (like CETA and TTIP) and other plurilateral trade agreements (like TiSA) and EU law. CETA, TTIP, and TiSA raise many intricate legal questions touching upon fundamentals of the EU legal order and illustrating the complex interplay between the EU and its Member States and also between EU institutions. A particularly contentious issue concerns the competence to conclude the various agreements. While a decision of the CJEU in the context of the EU–Singapore FTA is still pending, this chapter argues that mixity, albeit only a ‘second best solution’ with regard to the effective representation of EU interests at the international level, is obligatory in the cases of CETA and TTIP. Further aspects explored include the legal effects of the agreements in EU law, their provisional application, and potential conflicts with the autonomy of the EU legal order.

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