The EU and Extraterritorial Obligations Concerning Human Rights

2019 ◽  
Vol 8 (2) ◽  
pp. 275-285
Author(s):  
Ana Manero Salvador
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Relations ◽  
Impact Assessment ◽  
Due Diligence ◽  
Treaty Of Lisbon ◽  
Human Rights Impact Assessment ◽  
The Eu

The Treaty on European Union prescribes that the Union will promote its principles and values in international relations. Though the scope of the obligations foreseen by the treaty remains unclear, some aspects are becoming clearer, especially with regard to due diligence and the need for human rights impact assessment. Presently, it is generally recognised that actions with extraterritorial effects will undoubtedly be linked to these principles and values, and more specifically to human rights. This paper provides an analysis from current praxis of the scope of these obligations, including a description of the implications of the Treaty of Lisbon and developments that have taken place since it came into force.

scholarly journals Gender Component of Internal Displacement in Ukraine: A Case of Business (In)Capability to Localize Human Rights Impact Assessment

2022 ◽  
pp. 1-8
Author(s):  
Ganna Khrystova ◽  
Olena Uvarova
Keyword(s):  
Human Rights ◽  
Impact Assessment ◽  
Internal Displacement ◽  
Due Diligence ◽  
Critical Step ◽  
Business And Human Rights ◽  
Human Rights Impact Assessment ◽  
Human Rights Due Diligence

Human rights due diligence (HRDD) has become the buzzword of much of the advocacy and work today around business and human rights.1 It is almost commonplace that companies have the responsibility to identify, prevent, mitigate and account for how they address these adverse human rights impacts as part of their ongoing HRDD processes, in line with the UNGPs.2 The assessment of human rights impacts (HRIA) is a critical step in this process.3

scholarly journals Proces regulacji unijnych w świetle traktatu z Lizbony a istota koncepcji narzędzia Oceny Wpływu

Politeja ◽  
2019 ◽  
Vol 15 (54) ◽  
pp. 301-311
Author(s):  
Renata Śliwa
Keyword(s):  
European Union ◽  
Impact Assessment ◽  
Knowledge Production ◽  
Decision Processes ◽  
The European Union ◽  
Treaty Of Lisbon ◽  
Political Economic ◽  
The Eu ◽  
Stimulation Of

The Process of European Union Regulation in the Light of Treaty of Lisbon and the Essence of Impact Assessment ConceptOn the background of the most pressing problems related to the European Union (EU) power legitimization, the Treaty of Lisbon has been treated as the innovative adjustment in the area of legal, political, economic and administrative spectrum of choices. If the significance of the EU is to continue, the investment in the improvement of the legitimization of the EU power through the efficiency needs to be intensified. Through the lenses of the Treaty of Lisbon the administration servant corpus is presented in its role of knowledge production, as well as the stimulation of transparency and participation in the decision processes.

A Proposal for Criminal Liability for Breach of Due Diligence Obligations: the European Conflict Minerals Regulation as an Example

2021 ◽  
Vol 11 (1) ◽  
pp. 73-87
Author(s):  
Luis Miguel Vioque
Keyword(s):  
European Union ◽  
Human Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
Soft Law ◽  
Due Diligence ◽  
Conflict Minerals ◽  
Hard Law ◽  
The Eu

In recent years, the international community has adopted standards aimed at encouraging States to promote the development and implementation of human rights compliance programmes by companies. This has been the case for conflict minerals, where soft law recommendations have been translated into a European Union (EU) hard law standard that sets out several due diligence obligations for importers of certain minerals or metals. This article will examine the origin of the EU Conflict Minerals Regulation and outline the type of compliance and due diligence obligations imposed on EU importers. It also reflects on the role of criminal law as a means of sanctioning the most serious violations of these new due diligence obligations such as traceability and transparency.

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

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.

Human rights and the rule of law in judicial cooperation in criminal matters under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199593
Author(s):  
Wolfgang Schomburg ◽  
Anna Oehmichen ◽  
Katrin Kayß
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
Human Rights Protection ◽  
Criminal Matters ◽  
The Eu

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.

Core of State Sovereignty and Boundaries of European Union's Identity in the Lissabon – Urteil

2010 ◽  
Vol 11 (4) ◽  
pp. 399-418
Author(s):  
Elisabetta Lanza
Keyword(s):  
European Union ◽  
State Sovereignty ◽  
Constitutional Court ◽  
The European Union ◽  
Member States ◽  
Treaty Of Lisbon ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional ◽  
The Eu

In the 2009 judgment dealing with the Treaty of Lisbon, the German Federal Constitutional Court urges to modify a domestic statute in order to guarantee the rights of the internal rule-making power and also provides a reasoning on the role of the European Union (EU) as an international organization, the principle of sovereignty and the relations between European Institutions and Bodies and the EU Member States. According to the German Court the Treaty of Lisbon does not transform the European Union into a Federal State (Staatsverband), but into a Confederation of States (Staatenverbund). In spite of the 1993 landmark judgment, the so-called “Maastricht Urteil”, the Court steps forward and focuses also the subject-matters that necessarily have to pertain to the Member States jurisdiction, the so-called “domain reserve”. The German Federal Constitutional Court decision on the Lisbon Treaty arouses the reflection on the core of State sovereignty and on the boundaries of the EU legal system and focuses on the force of the right to vote of every citizen, the basis of democracy.Furthermore, the decision of the German Federal Constitutional Court highlights the well-known issue of the EU's identity and the balancing between EU democracy and Member State sovereignty. In the light of the German Constitutional Court statements, the present work aims to understand which could be actually the EU's identity and how could be approached “democratic deficit” of the EU.

The EU's Economic Cooperation with North Korea: The Possibility as a Useful Tool to Complement Korea-US Cooperation

2009 ◽  
Vol 12 (2) ◽  
pp. 125-149 ◽  
Author(s):  
Jong-Sue Lee
Keyword(s):  
European Union ◽  
Human Rights ◽  
Korean Peninsula ◽  
North Korea ◽  
The United States ◽  
Policy Position ◽  
The European Union ◽  
Member States ◽  
The North ◽  
The Eu

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.

Fixing, Adjusting, Regulating, Protecting Human Rights - The Shifting Uses of Regularisations in the European Union

2011 ◽  
Vol 13 (3) ◽  
pp. 297-316 ◽  
Author(s):  
Albert Kraler
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
The European Union ◽  
Human Rights Law ◽  
Irregular Migrants ◽  
National Human ◽  
Almost All ◽  
Human Rights Based Approach ◽  
The Eu

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.

Establishing a Corporate Responsibility Ombudsman: Enhancing remedy through state-based non-judicial mechanisms?

2021 ◽  
Vol 28 (1) ◽  
pp. 102-122
Author(s):  
Juho Saloranta
Keyword(s):  
European Union ◽  
Human Rights ◽  
Corporate Responsibility ◽  
Decision Makers ◽  
Sufficient Evidence ◽  
Export Credit ◽  
Due Diligence ◽  
The European Union ◽  
Credit Financing ◽  
Human Rights Due Diligence

This article assesses the efficiency of non-judicial grievance mechanisms in providing victims of corporate human rights violations with improved access to remedy. As no such mechanism is currently available, this article formulates a proposal for a new mechanism in the form of a corporate responsibility ombudsman, which would offer a great deal of flexibility as well as being an inexpensive, expeditious and informal manner of dealing with such issues. The article argues in favour of utilizing states’ regulatory arsenal to improve victims’ access to remedy extraterritorially. Based on recent international developments, I elaborate approaches to human rights due diligence regulation and export credit financing by means of two corporate responsibility ombudsman proposals. In relation to these proposals, I divide the effectiveness criteria of Principle 31 of the United Nations Guiding Principles into three main categories: empowerment, investigation and enforcement. Since obtaining sufficient evidence is of paramount to those seeking remedies for violations of corporate responsibility, states should bestow quasi-judicial powers on corporate responsibility ombudsmen to achieve efficiency, which could also create legitimacy. This article provides decision-makers and scholars with insights into how access to remedy could be synchronized with the momentum of human rights due diligence legislation in the European Union and beyond.

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