Sustainable development in new generation trade agreements of the European Union: towards integration or fragmentation of the human rights language?

2020 ◽  
pp. 172-196
Author(s):  
Michelle Meulebrouck
2017 ◽  
Vol 73 (4) ◽  
pp. 411-429 ◽  
Author(s):  
Rajendra K. Jain

Growing media attention and international criticism about human rights violations in the wake of the resurgence of insurgency led India to make major policy changes in its attitude towards human rights and begin to discuss human rights with the European Union for the first time in 1990. This article critically examines Indian perceptions of the EU’s approach towards human rights since the 1990s to the present. It evaluates Indian responses to the inclusion of human rights provisions in trade agreements and criticism of the ‘one size fits all’ model of the Europeans for the promotion of human rights. It explores the sources of Indian scepticism about the international human rights regime and criticism of Western countries’ selectivity in enforcing human rights. In the ultimate analysis, the responsibility for initiating and implementing the multitude of structural, economic, social and political reforms necessary to improve human rights implementation must be taken by Indians themselves. External players can only play a supportive role and their capacities to bring about fundamental change are necessarily limited.


2018 ◽  
Vol 20 (3-4) ◽  
pp. 374-393
Author(s):  
Cedric Ryngaert

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.


2018 ◽  
Vol 4 (337) ◽  
pp. 111-125
Author(s):  
Magdalena Śliwińska

One of the manifestations of economic globalisation seen in recent years is the so‑called “new generation” type of trade agreements such as the TPP, CETA and TTIP. They aim at trade liberalisation, but their scope is broader, comprising other areas of socio‑economic life, more or less directly linked to trade, such as e.g.: the liberalisation of public services, the mutual recognition of professional qualifications, the deregulation and liberalisation of financial markets, the protection of intellectual property rights, and the cooperation in creating new rules or protecting mutual investments. Therefore, the aim of this paper is to analyse the scope and content of the Comprehensive Economic and Trade Agreement (CETA) signed in 2016 by the European Union and Canada from the point of view of the Balassa stages of economic integration and the EU’s experience in order to state whether the naming of such agreements as trade agreements, even with the “new generation” qualification, is really justified. The analysis presented in this paper leads to the conclusion that this agreement should rather be included in the category of agreements labelled as integration agreements. Most of the CETA provisions are at the same level of sophistication as was achieved by the EU countries at the stage of building the single market, that is, at the stage of the implementation of the common market in Balassa’s nomenclature, and some of them are at the stage of economic and monetary union. The scope of the CETA, i.e. the number of areas of social and economic life regulated by it as well as their advancement and complexity, goes far beyond what is commonly understood as a trade agreement and beyond its official purpose – the creation of a free trade area between the European Union and Canada. It leads to economic integration at a level far deeper than a free trade area in its classic and common sense.


2017 ◽  
Vol 1 (1) ◽  
pp. 84-94
Author(s):  
Balazs Horvathy

Promoting values of the European Union has been on the EU’s external trade agenda since the 1990s. The Treaty of Lisbon established a general framework for values and principles, requiring the Union to pursue these concepts in the whole range of EU external relations, including the Common Commercial Policy (CCP). Therefore, the operation of CCP is governed not only by traderelated concepts such as progressive liberalisation, but it also reflects on non-trade concerns – e.g. protection of human rights, fair trade, or sustainable development – as well. This inclusive character of CCP is anchored also in the new external trade strategy of the European Union (‘Trade for all’), which stresses the importance of trade agreements concluded by EU in promotion of values towards third countries. The paper aims at addressing a conceptual and a procedural question related to this context: First, what kind of values of the European Union integrated in trade agreements can lead to the Europeanisation of domestic legal order of the third countries; and second, how these concepts can be implemented, i.e. how the process of Europeanisation is taking place using the example of the human rights promotion.


Moreana ◽  
2009 ◽  
Vol 46 (Number 176) (1) ◽  
pp. 175-190
Author(s):  
Bernard Bourdin

The legacy from Christianity unquestionably lies at the root of Europe, even if not exclusively. It has taken many aspects from the Middle Ages to modern times. If the Christian heritage is diversely understood and accepted within the European Union, the reason is essentially due to its political and religious significance. However, its impact in politics and religion has often been far from negative, if we will consider what secular societies have derived from Christianity: human rights, for example, and a religious affiliation which has been part and parcel of national identity. The Christian legacy has to be acknowledged through a critical analysis which does not deny the truth of the past but should support a European project built around common values.


2019 ◽  
Vol 18 (Vol 18, No 4 (2019)) ◽  
pp. 439-453
Author(s):  
Ihor LISHCHYNSKYY

The article is devoted to the study of the implementation of territorial cohesion policy in the European Union in order to achieve a secure regional coexistence. In particular, the regulatory and institutional origins of territorial cohesion policy in the EU are considered. The evolution of ontological models of cohesion policy has been outlined. Specifically, the emphasis is placed on the key objective of political geography – effectively combining the need for "territorialization" and the growing importance of networking. The role of urbanization processes in the context of cohesion policy is highlighted. Cross-border dimensions of cohesion policy in the context of interregional cooperation are explored. Particular emphasis is placed on the features of integrated sustainable development strategies.


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.


Sign in / Sign up

Export Citation Format

Share Document