The EU Global Human Rights Sanctions Regime: between Self Help and Global Governance

Author(s):  
Nathanael Tilahun

Abstract By adopting a Global Human Rights Sanctions regime, the European Union took a new step in leveraging its power to respond to human rights violations globally. The regime has a general scope, and targets both state and non-state actors. This paper shows that this regime occupies a tension zone between two competing approaches to sanctions: a self-help approach that perceives sanctions as deriving authority from states’ sovereignty and subservient to their foreign policy, and a global governance approach that views sanctions as deriving authority from and bound by the objectives of specific international legal regimes they enforce. The tension between these approaches comes into stark view when constructing the listing criteria and policy objectives of the sanctions, which determine the scope of targets and duration of measures. Whether and how subsequent practice resolves this tension will be determined by certain legislative and interpretive moves by the EU Council and Court.

2017 ◽  
Vol 52 (4) ◽  
pp. 553-570 ◽  
Author(s):  
Johanne Døhlie Saltnes

The European Union (EU) is the world’s biggest donor of aid to developing countries. The provision of EU aid is conditional on respect for human rights and democratic principles in the recipient countries. This article questions to what extent norms always yield to interests in decisions over whether to sanction breaches of human rights and democracy. Building on a theory that allows the simultaneous consideration of different norms, the article suggests that rather than interests being the determining factor when the EU takes decisions on implementing sanctions, the weighing of various norms and the choice to follow one of them can explain why sanctions have been avoided in certain cases in Rwanda. The article shows that this weighing of different norms plays an important role in foreign policy decisions and can have concrete consequences with regard to sanctions. In so doing, it advances the literature on the EU’s global role by developing a theoretical account of the evaluation process and the ultimate decision to act in accordance with one norm in particular.


Author(s):  
Ali Ayata

The development policy of the European Union is a policy area that has developed rapidly, especially after the Cold War and the conflicts between Eastern countries. In the 1990s, the EU issued a development profile and started the human rights and democracy concepts into the Treaty of European Union officially as guiding principles in its foreign policy. Even before the importance of human rights and democracy in the founding treaties of the European Union was mentioned, strengthening the identity of the European Union could be brought at the international level from the start with respect for these criteria together, because these criteria were the grounds for the EU. The specific aim of this work is to consider the human rights dimension of EU development, cooperation and also some related policy issues and implementation problems in practice, which are considered in theoretical approaches in the study. It should be also noted that while the EU acts as an institution and also relief organization, it makes use of its own funds and budgets, not its Member States. Within this context, the activities of the Union to promote human rights could be interpreted as cultural imperialism.    Keywords: Human Rights, European Union, Foreign Policy, Cultural Imperialism.


2018 ◽  
Vol 2 (2) ◽  
pp. 91-105
Author(s):  
Lucia Mokrá ◽  
Kristína Janková

The human rights are fundamental principle of the European Union law, which should be observed in adoption of legislative rules as well as in implementation practice. The EU had been initially founded as the economic cooperation project and an ambition to establish cooperation between its member states also in political agenda became more visible especially since the Lisbon Treaty, by which the position of EU in area of external relations was strengthened. The paper analyses position of the European Union when promoting and protecting human rights in external relations. As there exist several tools and mechanisms EU may use in implementation of human rights policy, we analyze the role of the EU in relation to the application of human rights in foreign policy as stated in Article 2 and Article 6 of the Treaty on European Union.


2015 ◽  
Vol 14 (1) ◽  
pp. 18-40 ◽  

The legitimacy crisis that existing institutions of global governance are undergoing has led the European Union (EU) to place the idea of “effective multilateralism” at the heart of its foreign policy doctrine. This article draws inspiration from debates on the notion of power in International Relations to expose the normative dilemmas behind multilateralism in EU foreign policy. To do this, the article systematically analyses the metaphors on the EU’s role in global governance that are present in political speeches that address the question of multilateralism during the period 2004 to 2011. This analysis shows that the most sedimented metaphor on the EU’s role as a promoter of multilateralism – the EU as MODEL – is precisely the one that entails the most serious normative concerns from the perspective of the ideal traits of multilateralism described in the literature.


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.


Author(s):  
Panagiotis Delimatsis

Secrecy and informality rather than transparency traditionally reign trade negotiations at the bilateral, regional, and multilateral levels. Yet, transparency ranks among the most basic desiderata in the grammar of global governance and has been regarded as positively related to legitimacy. In the EU’s case, transparent trade diplomacy is quintessential for constitutional—but also for broader political—reasons. First, even if trade matters fall within the EU’s exclusive competence, the EU executive is bound by the Treaty on the Functioning of the European Union (TFEU) to inform the European Parliament, the EU co-legislator, in regular intervals. Second, transparency at an early stage is important to address public reluctance, suspicion, or even opposition regarding a particular trade deal. This chapter chronicles the quest for and turning moments relating to transparency during the EU trade negotiations with Canada (CETA); the US (TTIP), and various WTO members on services (TiSA).


2021 ◽  
pp. 203228442199593
Author(s):  
Wolfgang Schomburg ◽  
Anna Oehmichen ◽  
Katrin Kayß

As human rights have increasingly gained importance at the European Union level, this article examines the remaining scope of human rights protection under the EU–UK Trade and Cooperation Agreement. While some international human rights instruments remain applicable, the Charter of Fundamental Rights of the European Union did not become part of the Trade and Cooperation Agreement (TCA). The consequences, especially the inapplicability of the internationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in general as well as the specific conditionality for judicial cooperation in criminal matters are discussed. In this context, the risk that cooperation may cease at any moment if any Member State or the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the problem of the lack of judicial review, as the Court of Justice of the European Union is no longer competent.


2009 ◽  
Vol 12 (2) ◽  
pp. 125-149 ◽  
Author(s):  
Jong-Sue Lee

North Korea conducted 2nd nuclear test on May 25, 2009. It made a vicious circle and continued military tension on the Korean Peninsula. North Korea regime got a question on the effectiveness of the six party talks and ‘security-economy exchange model’. In addition, the North Korea probably disappointed about the North Korea issue has been excluded from the Obama administration's policy position. So the dialogue or relationship recovery with the United States and North Korea through six-party talks or bilateral talks will be difficult for the time being. This paper examines the EU policy on North Korea. Based on the results, analyzes the EU is likely to act as a balancer on the Korean Peninsula. Through the procedure of deepening and expanding the economic and political unification, the EU utilizes their cooperative policies towards North Korea as an ideal opportunity to realize their internal value and to confirm the commonness within the EU members. The acceleration of the EU's unification, however, began to focus on human rights, and this made their official relationship worse. Yet, the EU is continuously providing food as wells as humanitarian and technological support to North Korea regardless of the ongoing nuclear and human rights issues in North Korea. Also, the number of multinational corporations investing in North Korea for the purpose of preoccupying resources and key industries at an individual nation's level has been increasing. The European Union has unique structure which should follow the way of solving the problem of member states like subsidiary principle. It appears to conflict between normative power of the European Union and strategic interests on member states. This paper examines if the European Union is useful tool to complement Korea-US cooperation in the near future.


2011 ◽  
Vol 13 (3) ◽  
pp. 297-316 ◽  
Author(s):  
Albert Kraler

AbstractAlmost all Member States in the European Union currently make use, or in the past have made use of some form of regularisation of irregular immigrants, although to greatly varying degrees, in different ways and as a rule only reluctantly. A distinct feature of recent regularisations has been the shift towards a humanitarian justification of regularisation measures. In this context, regularisation has become reframed as an issue of the protection of irregular migrants’ human rights. As a result, regularisation has to some extent also been turned from a political tool in managing migration into an issue of international, European and national human rights law. While a human rights framework indeed offers a powerful rationale and at times compelling reasons why states ought to afford a legal status to irregular migrants, I argue that a human rights based approach must always be complemented by pragmatic considerations, as a human rights based justification of regularisation alone will be insufficient to find adequate responses to the changing presence of irregular migrants in the EU, not all of which can invoke human rights based claims to residence.


Author(s):  
Christian Klesse

The accession of ten new member states has opened up new political and discursive spaces for challenging homo-, bi-, and transphobia in the new member states and the European Union (EU) as a whole. There has been widely felt sense of hope that the accession will ultimately increase the possibilities of political action, result in democratisation, and better the political conditions for sexual minorities to fight discrimination and struggle for equal treatment before the law (ILGA Europe 2001, Vadstrup 2002, Pereira 2002, Neumann 2004, ILGA 2004, Stonewall 2004). Such sentiments were also expressed in the call-for-papers for the Conference ‘Europe without Homophobia. Queer-in(g) Communities’ that took place from May 24 to May 26, 2004 at Wroclaw in Poland, for which I wrote the first draft of this paper. Participants were asked to reflect upon ‘how we can contribute to making sexual minorities in the European Community visible, heard, safe, and equal before the law’ and to ‘investigate the practical ways (including legal actions, information campaigns, political participation, etc.) of achieving the bold vision suggested in the title: Europe without homophobia’ (Organizing Committee 2004). Human rights groups and lesbian and gay organisations both in the (prospective) new and the already existing member states sensed that access to funding by EU bodies and the ability to address political and/or legal institutions of the EU (and/or the Council of Europe) opened up ‘new space’ for political activism and enabled access to a new range of political discourses and strategies (cf. Stychin 2003). Already many years before accession, human rights organisations and lesbian and gay campaigning groups started to utilise the transformative potential of this prospective economic-political and socio-legal change for campaigns against human rights abuse and legal discrimination on the grounds of gender and sexuality in states applying for accession. ILGA Europe, for example, emphasised that accession should be made dependent on the applying states complying to the high human rights standard that the EU is supposed to stand for. Due to the uneven power structure between the institutions of the EU and the states applying for membership, the logic and rhetoric of ‘enlargement’ structured the negotiations about accession. The power imbalances at the heart of the process are further indicated by the fact that accession is frequently discussed in the scientific literature in the terminology of ‘Europeanization’ (cf. Schimmelfenning and Sedelmeier 2005a). In this context, ‘Europeanization’ signifies ‘integration’ into the economic organisations and politico-legal institutions of the EU, a process that, according to Schimmelfenning and Sedelmeier, can be characterised as ‘a massive export of EU rules’ (2005b: 221). Because accession has been such a recent moment in history, research on the effects of the EU enlargement on the national polities of the new or prospective member states is still scarce. In particular, sexual politics has remained an under-researched topic (for an exception, see Stychin 2003). However, there is sufficient reason to speculate that accession will significantly affect the discourses and strategies of social movements struggling around sexuality and gender in the new member states. Even if it cannot be predicted at this stage, how political actors and social movements will respond and position themselves with regard to these newly emerging ‘political opportunity structures’ (Kriesi et al. 1995), the evolving institutional, economic, and discursive context will without any doubt impact on their politics.


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