Human Rights Clauses in Eu Trade Agreements

In 2012, the EU Strategic Framework and Action Plan for Human Rights and Democracy stated that “the EU will seek such a clause in all its political framework agreements, such as association agreements and partnership and cooperation agreements with third countries”.67 The subsequent action plan (2015-2019) states that human rights clauses “will be systematically integrated into all new EU international agreements”.68 Although the latest generation of Human Rights Clauses referred to by some authors as the “model clause”, 69 the clause may still not be as standardized as the Commission had envisaged in 1995. First, the references to human rights in the essential elements clause are different. Many clauses refer to the Universal Declaration of Human Rights, which contains obligations which, to the extent that they reflect customary international law, are already binding on States, independently of the international agreement concluded with the EU.70 Other clauses refer to specific (regional) catalogues of human rights (e.B. the Helsinki Final Act, the Charter of Paris for a New Europe or the European Convention for the Protection of Human Rights and Fundamental Freedoms).71 A new passage has been included in the EU-Korea Framework Agreement (“other relevant international human rights instruments”) to ensure that future human rights treaties fall within the material scope of the human rights clause.72 With the exception of agreements Association with Israel and Tunisia contains any EU trade agreement or framework agreement that applies to trade agreements, a reference to the Universal Declaration of Human Rights. The agreements with Albania, Bosnia and Herzegovina, Georgia, Kosovo, Macedonia, Moldova, Montenegro, Serbia and Ukraine refer to the Helsinki Final Act, the Charter of Paris for a New Europe and the European Convention on Human Rights. The agreements with Andorra, San Marino and Turkey make no mention of respect for human rights; however, these countries are all parties to the European Convention on Human Rights. In addition, the degree of conditionality expressed in the non-implementation clause varies depending on the ECONOMIC INFLUENCE OF THE EU vis-à-vis another country.73 With the exception of the agreements with Georgia and Moldova, which concern only the Association Council, all applicable EU trade agreements or framework agreements contain a non-implementation clause, more or less detailed. For example, the non-implementation clause of Article 96 of the Cotonou Agreement, which governs relations with many former colonies, is quite detailed,74 while the non-implementation clause of Article 45 of the EU-Korea Framework Agreement is less detailed.75 Keywords: European Union, human rights, conditionality, international trade, international law, ultra vires, external relations, EU, constitutional law, agreement of the Council of the European Union, `Declaration on respect for democratic principles, human rights and the principles of the market economy` (Bulletin of the European Communities No 5/1992, 82, point 1.2.13) Fierro (No 17) 136, 138; Bernard Steunenberg and Antoaneta Dimitrova, “Compliance in the EU Enlargement Process: The Limits of Conditionality” (2007) 11 European Integration online Papers, 3 accessed December 13, 2018. The accession criteria were mentioned for the first time in the presidency conclusion of the Copenhagen European Council (21 and 22 June 1993) 12, point 7.A.iii.

According to these criteria, institutional stability, which guarantees human rights, is part of the political dimension. In the Treaty of Lisbon, those criteria are enshrined in Article 49 TEU, referring to respect for the values of Article 2 TEU, including respect for human rights. Note: Interval assessments were calculated by first adding up the legalisation scores of all non-trade policy objectives (ONCO) and then averaging these overall assessments of EU trade agreements concluded over the relevant five years. The average score for 2015-2019 is lower than in 2010-2014, mainly due to agreements reached by the EU with different groups of African countries. There is an important exception to the EU policy of general human rights clauses, which is potentially very effective in establishing a general policy for the promotion of human rights in external trade relations. EU sectoral trade agreements, which cover issues such as fisheries, textiles and steel, generally do not contain human rights clauses.145 Given that these sectors can be particularly vulnerable to human rights violations, in particular violations of workers` rights, the omission of human rights clauses in these agreements has been criticised, including by the European Parliament.146 Recent EU practice, however, seems to indicate that the EU is trying: to fill this gap in their human rights policy. .

おうちワークの最新情報をお届け!

@chocotto_plus