Human Rights Conditionality in the Eu's

The EU includes human rights conditionality clauses in its international trade and cooperation agreements, the purpose of which is to entitle either party to take appropriate measures if the other fails to comply with human rights or democratic principles. This book analyses the construction of these clauses, their operation, and questions the extent to which the EU has the legislative power to include such clauses in its agreements.

Lorand Bartels is Lecturer in International Economic Law at the University of Edinburgh. He completed his undergraduate studies in law and English literature in Australia, and a doctorate at the European University Institute.

Table of Cases

xiii

Table of Treaties and International Instruments

xix

Table of EU Law

xxxix

Table of National Legislation

xlix

List of Abbreviations

li

Introduction

1

(4)

Part One: Evolution, Practice, and Context of Human Rights Clauses

5

(74)

Evolution of Human Rights Clauses

7

(25)

Conditionality in the EU's Development Cooperation Policies

7

(5)

Development of a Policy on Human Rights Clauses

12

(3)

Formulation of a `Basis' Clause

15

(2)

Policy Developments

17

(4)

The 1991 Resolution on Human Rights, Democracy, and Development

21

(1)

Human Rights Clauses in Their Modern Form

22

(10)

Human Rights Clauses in Practice

32

(13)

Coverage

32

(1)

Gaps in Coverage

33

(2)

Application of Human Rights Clauses

35

(5)

The Future of Human Rights Clauses

40

(5)

Human Rights Clauses in Context

45

(34)

Constitutional Framework

45

(5)

Membership Conditionality

50

(10)

Ex ante Conditionality in Contractual Relations

60

(1)

Financial and Technical Aid

61

(7)

Trade Preferences

68

(2)

Common Foreign and Security Policy

70

(3)

Human Rights Conditionality in the Treaty Practice of Other Countries

73

(6)

Part Two: Operation of Human Rights Clauses Under International and EU Law

79

(88)

Interpretation of Human Rights Clauses

81

(47)

Objectives Clauses

81

(8)

Essential Elements Clauses

89

(18)

The Non-execution Clause

107

(13)

Sanctions to Enforce Human Rights Obligations: a Comparison with the Law of Countermeasures

120

(3)

Positive Measures

123

(5)

Procedures Under Human Rights Clauses

128

(16)

Institutional Framework

129

(7)

Procedures Under EU Law

136

(8)

Substantive Obligations Under Human Rights Clauses

144

(23)

Positive Obligations in the Human Rights Clause

145

(5)

Scope of Responsibility Under the Human Rights Clause

150

(15)

Consequences for Community Responsibility for the Human Rights Clauses

165

(2)

Part Three: Effect of Human Rights Clauses in the Community Legal Order

167

(68)

Community Competence to Include Human Rights Clauses in International Agreements

169

(59)

The Need for a Legal Basis

170

(2)

The Choice of Legal Basis Under Community Law

172

(5)

Express Powers

177

(35)

Implied Powers

212

(8)

The Doctrine of Ancillary Clauses

220

(4)

Conclusions

224

(4)

Member State Obligations to Perform International Obligations Undertaken Ultra Vires by the Community

228

(7)

Article 300(7) EC

228

(3)

Obligations of the Member States

231

(4)

Part Four: Conclusion

235

(2)

Conclusion

237

(4)

Annex 1 Agreements in Force Containing Human Rights Clauses

241

(8)

Annex 2 Decisions Taken Under Articles 96 and 97 of the Cotonou Agreement and Article 366a of the Lome IV Convention

249

(4)

Bibliography

253

(12)

Index

265

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Human Rights Conditionality in the Eu's International Agreements

Summary

Author Biography

Table of Contents

Supplemental Materials