The Eu S Approach To Human Rights Conditionality In Practice
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The Eu S Approach To Human Rights Conditionality In Practice
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Author : Elena Fierro
language : en
Publisher: BRILL
Release Date : 2021-10-18
The Eu S Approach To Human Rights Conditionality In Practice written by Elena Fierro and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.
Human rights in the external relations of the EU may manifest itself in different manners; one of them is the conditionality policy that the EU applies to third countries. This study intends to explore the modalities of this conditionality policy, as well as its nature and reach. It also analyzes how the policy could be improved and be made more coherent and effective. The point of departure is the division made between two modes of conditionality: ex ante and ex post. In the first case the EU issues conditions, which must be fulfilled before the negotiation or conclusion of a given agreement or an action with a view to strengthening the relations. The second case, conditionality ex post , is when conditions are allready part of an agreement or an established relation. The so-called human rights clause, or democratic clause, incarnates the second modality. This study explores both types of conditionality, but puts a special emphasis on the second, given its legal nature, its reciprocity, and its systematic inclusion in all framework agreements. It is argued here that this clause could represent the basis of a fully-fledged human rights policy of EU. At present, however, the implementation of the clause has been fragmentary. The interpretation that has prevailed (the human rights clause being a mechanism of exclusively punitive nature), has constituted an obstacle for its implementation. In addition, the clause has been activated only as a response to breaches of democratic principles (and not human rights) in the ACP countries ( and not other regions). The human rights clause has been the victim of the 'sectorial approaches' where policy choices were determined by the instrument at issue. It is about time for the EU to revisit the interpretation of the clause in order to make of it a dynamic instrument, integrated in a global and coherent external human rights policy.
The Role Of The Eu In The Promotion Of Human Rights And International Labour Standards In Its External Trade Relations
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Author : Samantha Velluti
language : en
Publisher: Springer Nature
Release Date : 2020-10-12
The Role Of The Eu In The Promotion Of Human Rights And International Labour Standards In Its External Trade Relations written by Samantha Velluti and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-12 with Law categories.
This book represents a significant and timely contribution to the copious literature of the EU as a global actor providing new insights and fresh perspectives into the promotion of human rights and international labour standards in the EU’s external trade relations, building on and stimulating further – the already well-engaged – scientific dialogue on this area of research. In particular, it provides the basis for developing a new analytical structure for better understanding the role of the EU in promoting human rights and international labour standards in global trade and, in particular, for assessing the extent to which and how normative considerations have influenced the adoption of EU legal instruments and policy decisions. This book will appeal to research scholars, post-graduate students, practitioners and human rights activists.
The European Union And Human Rights
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Author : Jan Wouters
language : en
Publisher: Oxford University Press
Release Date : 2020-12-17
The European Union And Human Rights written by Jan Wouters and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-17 with Law categories.
With the adoption of the Lisbon Treaty, the profile of human rights issues has greatly risen in relation to EU policies, whether internal or external. The EU has thereby made the commitment to ensure that all its actions are compliant with human rights, and seek to promote them. Yet, the EU's commitment has come under scrutiny, not only for its ground-breaking character, but also because recent events have put it to the test. This volume has been designed to take stock of these developments, to comprehensively discuss the conceptualization and operationalization of the EU's commitment to human rights throughout the EU's relationships, policies, actions and legislative activity, and to critically assess its outcome. This title is divided into four parts: 'Framework' presents the issues related to human rights promotion by the EU; 'Actors' delves into the relationships that play a part, at home or abroad, in regards to human rights policies and judgements; 'Policies' takes a case-study approach and systematically reviews a range of EU internal and external policies to assess their human rights impact and implementation; and finally, 'Strategies' provides an integrated assessment of the design and implementation of the EU's commitment to human rights. This book brings together essays from around the world, each discussing different aspects of EU commitment, and evaluating the extent to which the EU is delivering on it. Each chapter provides an introduction to the state of affairs, discusses opportunities and challenges, and provides recommendations. As such, it is an essential reference book on human rights policies throughout the EU and their impact throughout the world.
The Oxford Handbook Of International Law In Europe
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-12-04
The Oxford Handbook Of International Law In Europe written by and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-04 with Law categories.
This handbook provides a comprehensive account of how international law is understood and practiced in Europe, which is defined for the purposes of the book as Council of Europe countries, in the past and in the present. It is separated into parts covering Europe's values, intellectual traditions, and institutions, as well as examinations of European countries and regions. A diverse group of leading scholars and practitioners of international law are led by three overarching focus points: the success and failures of the pacifying effect of international law, the diversity of international legal experiences and traditions within Europe, and the impact of European ideas on international law globally. By examining these areas, the book also analyses Europe's changing role in the world, and the impact of global influences on the understanding of international law in European countries. The book is a study of regionalism in international law, but also a study of the impact of a region which, at least historically, has had an overwhelming influence on the development and interpretations of international law.
Eu Law Beyond Eu Borders
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Author : Marise Cremona
language : en
Publisher: Oxford University Press
Release Date : 2019-05-03
Eu Law Beyond Eu Borders written by Marise Cremona and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-03 with Law categories.
This book addresses the impact of EU law beyond its own borders, the use of law as a powerful instrument of EU external action, and some of the normative challenges this poses. The phenomenon of EU law operating beyond its borders, which may be termed its 'global reach', includes the extraterritorial application of EU law, territorial extension, and the so-called 'Brussels Effect' resulting from unilateral legislative and regulatory action, but also includes the impact of the EU's bilateral relationships, and its engagement with multilateral fora and the negotiation of international legal instruments. The book maps this phenomenon across a range of policy fields, including the environment, the internet and data protection, banking and financial markets, competition policy, and migration. It argues that in looking beyond the undoubtedly important instrumental function of law we can start to identify the ways in which law shapes the EU's external identity and its relations with other legal regimes, both enabling and constraining the EU's external action.
Routledge Handbook On The European Union And International Institutions
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Author : Knud Erik Jørgensen
language : en
Publisher: Routledge
Release Date : 2013
Routledge Handbook On The European Union And International Institutions written by Knud Erik Jørgensen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
This Handbook addresses the increasingly contested issue of profound political importance: Europe's presence in multilateral institutions. It assesses both the evolving role of Europe in international institutions, and the transformations in international institutions themselves.
From Eastern Partnership To The Association
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Author : Naděžda Šišková
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2014-10-02
From Eastern Partnership To The Association written by Naděžda Šišková and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-02 with Political Science categories.
This unique book, representing the main output of the Jean Monnet Multilateral Research Project granted by the European Commission, is dedicated to the legal and political dimension of the European Union policy towards its Eastern neighbours, namely Ukraine, Belarus, Moldavia, Azerbaijan, Georgia and Armenia. The Eastern Partnership clearly occupies a privileged position in the EU’s external relations and constitutes an important “Eastern axis” of the European Neighbourhood Policy. The book examines relevant material from a broad perspective, and attention is paid to the in-depth analysis of Eastern Partnership Agreements and the new Association agreements, examining their place in the External Relations Law of the EU and the legal mechanisms of their operation. In this respect, comparisons with the previous Association agreements with the states of the Central Europe are also made here. A great part of the book is also dedicated to an analysis of the issues of human rights, the rule of law, and legal approximation as a key element of the acceptation of duties of the association countries. Recent political unrest in Ukraine in connection with the delay of the signature of the EU-Ukraine Association Agreement has also shown that this contract instrument is considered to be a key indicator in geopolitical terms, as a concrete expression and powerful symbol of the future orientation of this Partnership state and its willingness to share common European values. This volume’s analysis of this document enables a better understanding of the reasons for, and the core of, this development. The diversity of contributors to this book allows a multi-perspectival analysis, incorporating views from old and new EU Member States, as well as Partnership states, and reflects the recent experiences of the Czech Republic, Slovakia and Estonia with regards to the implementation of the Association Agreements. The volume is also opened by the preface of the Commissioner for the Enlargement, Eastern Partnership and the Association, Stefan Füle, and reflects his experience in these matters.
Encyclopedia Of Human Rights
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Author : David P Forsythe
language : en
Publisher: Oxford University Press
Release Date : 2009-08-27
Encyclopedia Of Human Rights written by David P Forsythe and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-27 with Law categories.
This four-volume encyclopedia set offers coverage of all aspects of human rights theory, practice, law, and history.
European Union S Approach To Human Rights Conditionality In Practice
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Author : Elena Fierro
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2003
European Union S Approach To Human Rights Conditionality In Practice written by Elena Fierro and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Political Science categories.
2.2.3. Rule of Law.
The Eu S Conceptualisation Of The Rule Of Law In Its External Relations
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Author : Lisa Louwerse
language : en
Publisher: BRILL
Release Date : 2023-09-04
The Eu S Conceptualisation Of The Rule Of Law In Its External Relations written by Lisa Louwerse and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-04 with Law categories.
This book explores the question of how the EU understands the ‘rule of law’ in its external relations, with a particular focus on development cooperation and enlargement. Although the EU’s commitment to the rule of law is strong, the relevant concept remains nebulous. On the basis of a detailed analysis of two key EU external policy areas, the main argument advanced is that the Union has adopted a mostly ‘institutional’ approach to the concept by focussing largely on judicial reform. By testing the relevant practice against the background of the constitutional traditions of the Member States and legal theory, the book attests to the significance of developing a comprehensive approach to the rule of law in EU external relations.