European Union's Approach to Human Rights Conditionality in Practice

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041119360
Total Pages : 456 pages
Book Rating : 4.1/5 (193 download)

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Book Synopsis European Union's Approach to Human Rights Conditionality in Practice by : Elena Fierro

Download or read book European Union's Approach to Human Rights Conditionality in Practice written by Elena Fierro and published by Martinus Nijhoff Publishers. This book was released on 2003 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2.2.3. Rule of Law.

Elena Fierro: The EU's Approach to Human Rights Conditionality in Practice

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (119 download)

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Book Synopsis Elena Fierro: The EU's Approach to Human Rights Conditionality in Practice by : Norman Weiß

Download or read book Elena Fierro: The EU's Approach to Human Rights Conditionality in Practice written by Norman Weiß and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Human Rights Conditionality in the EU's International Agreements

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Publisher : Oxford University Press on Demand
ISBN 13 : 9780199277193
Total Pages : 270 pages
Book Rating : 4.2/5 (771 download)

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Book Synopsis Human Rights Conditionality in the EU's International Agreements by : Lorand Bartels

Download or read book Human Rights Conditionality in the EU's International Agreements written by Lorand Bartels and published by Oxford University Press on Demand. This book was released on 2005 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1990s, the European Union has included human rights conditionality clauses in its association agreements and other international trade and cooperation agreements. The purpose of these clauses is to entitle a party to take appropriate measures, including suspension of the agreement, in the event that the other party violates human rights or democratic principles. This book provides an account of the evolution of these clauses, their scope and their operation, and analyses the EU's responsibility, under international law, to implement these clauses domestically. Based on this examination, the book explores the extent to which the EU has the legislative competence to include such clauses in its international agreements, and concludes by considering the implications of ultra vires agreements in EU law. This study offers theoretical insights into aspects of international law as well as EU constitutional and external relations law. Its practical conclusionshave major implications not only for the application of human rights clauses, but also for the EU's international treaty practice more generally. Dr Lorand Bartels brings his expertise in international law to this engaging discussion of the EU's use of human rights conditionality in its international agreements.

The EU's Approach to Human Rights Conditionality in Practice

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Publisher : BRILL
ISBN 13 : 9004481559
Total Pages : 448 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The EU's Approach to Human Rights Conditionality in Practice by : Elena Fierro

Download or read book The EU's Approach to Human Rights Conditionality in Practice written by Elena Fierro and published by BRILL. This book was released on 2021-10-18 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Human Rights Conditionality of the European Union

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Author :
Publisher : LAP Lambert Academic Publishing
ISBN 13 : 9783844303605
Total Pages : 84 pages
Book Rating : 4.3/5 (36 download)

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Book Synopsis Human Rights Conditionality of the European Union by : Derya Zer

Download or read book Human Rights Conditionality of the European Union written by Derya Zer and published by LAP Lambert Academic Publishing. This book was released on 2011-02 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Turkey, as a country desiring to find acceptance as a European state since its establishment, has been subject to human rights conditionality of the EU since the beginning of the relations with Turkey s application to join the Community as an associate member in 1959. This book aims to explain the dynamic of the human rights conditionality -which has also evolved over time- in the EU-Turkey relations. From the beginning of the EU-Turkey relations, for each period (pre-Helsinki period, post-Helsinki period and the period after the opening up of accession negotiations), the conflict issues as regards human rights, the EU's approach and Turkey's response in terms of human rights reforms to meet the EU s human rights conditions are scrutinized. By doing so, the book also explores to what extent and under which circumstances, the EU as an external force has affected domestic reform process in Turkey and identifies the deficiencies of the EU s human rights conditionality approach towards Turkey which have become obstacles for the EU to be a more powerful anchor for human rights progress in Turkey.

The European Union and Human Rights

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Publisher : Oxford University Press
ISBN 13 : 0192543938
Total Pages : 672 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The European Union and Human Rights by : Jan Wouters

Download or read book The European Union and Human Rights written by Jan Wouters and published by Oxford University Press. This book was released on 2020-12-17 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Application of Human Rights Conditionality in the EU's Bilateral Trade Agreements and Other Trade Arrangements with Third Countries

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Publisher :
ISBN 13 :
Total Pages : 21 pages
Book Rating : 4.:/5 (123 download)

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Book Synopsis The Application of Human Rights Conditionality in the EU's Bilateral Trade Agreements and Other Trade Arrangements with Third Countries by :

Download or read book The Application of Human Rights Conditionality in the EU's Bilateral Trade Agreements and Other Trade Arrangements with Third Countries written by and published by . This book was released on 2008 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU frequently imposes sanctions on countries that violate human rights and democratic principles in third countries. It does this most frequently within the context of the Common Foreign and Security Policy (CFSP), which usually, but not always,1 implements action taken by the UN Security Council.2 Additionally, the EU conditions economic benefits which it provides to third countries on the compliance of those countries with human rights and democratic principles. This practice of conditionality, on which the present study focuses, takes two main forms. On the one hand, the EU disposes over a range of conditionality clauses permitting the withdrawal of privileges in the event that the beneficiary country violates human rights and democratic principles. On the other, in the area of trade preferences, the EU provides positive incentives to countries that comply with human rights (and other) norms. This study discusses these systems of negative and positive conditionality, with a focus on their consistency, effectiveness, legitimacy and legality. Annex I contains a set of recommendations arising out of the study.

Political Conditionality

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Publisher : Routledge
ISBN 13 : 1135200904
Total Pages : 141 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis Political Conditionality by : Georg Sorensen

Download or read book Political Conditionality written by Georg Sorensen and published by Routledge. This book was released on 2013-11-05 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political conditionality involves the linking of development aid to certain standards of observance of human rights and (liberal) democracy in recipient countries. Although this may seem to be an innocent policy, it has the potential to bring about a dramatic change in the basic principles of the international system: putting human rights first means putting respect for individuals and rights before respect for the sovereignty of states.

Human Rights Conditionality in European Union's External Affairs

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Publisher :
ISBN 13 : 9783639234480
Total Pages : 96 pages
Book Rating : 4.2/5 (344 download)

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Book Synopsis Human Rights Conditionality in European Union's External Affairs by : Julieta Kapanadze

Download or read book Human Rights Conditionality in European Union's External Affairs written by Julieta Kapanadze and published by . This book was released on 2010 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book concerns the conditional use of human rights by the European Union in its external affairs. It traces the emergence of the conditionality within early development policies and later international agreements, subsequently focuses upon human rights conditionality in the context of enlargement. The work gives a comprehensive picture of the use of human rights conditionality in the Union's external affairs, analyzing its implications on third countries and eastward enlargement, focusing on cases of Estonia and Slovakia. In so doing it attempts to show what purposes does human rights conditionality serve and its relative success so far.

The European Union and Human Rights

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Publisher : BRILL
ISBN 13 : 9004482423
Total Pages : 351 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The European Union and Human Rights by : Nanette A. Neuwahl

Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:

EU Human Rights Policies

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Publisher : Oxford University Press on Demand
ISBN 13 : 9780199291496
Total Pages : 219 pages
Book Rating : 4.2/5 (914 download)

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Book Synopsis EU Human Rights Policies by : Andrew Williams

Download or read book EU Human Rights Policies written by Andrew Williams and published by Oxford University Press on Demand. This book was released on 2005 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU's human rights policies are plagued by double standards: it applies radically different approaches in its external and internal operations. In this book, Andrew Williams reveals the nature and scope of this bifurcation and the resultant discrimination, and argues that the ironical condition revealed undermines both the EU's commitment to human rights and its moral credibility.

Human Rights and the External Relations of the European Community

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis Human Rights and the External Relations of the European Community by : Barbara Brandtner

Download or read book Human Rights and the External Relations of the European Community written by Barbara Brandtner and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1990s, human rights have gained increasing importance in the external policies of the European Union (EU) and, in particular, the European Community (EC), the primary focus of this paper. While the precise delimitation of the EC's external human rights competences is still controversial, an analysis of the existing primary sources of Community law (Founding Treaties and case law) and their extension by the Treaty of Amsterdam seems to confirm the emergence of human rights as a 'transversal' Community objective. Moreover, the EC has developed an abundant practice of including human rights aspects in its international agreements (by means of so-called 'human rights clauses'), unilateral trade preference schemes (via 'special incentive arrangements' or 'conditionality requirements') and technical or financial assistance programmes ('human rights clauses' and the 'European Initiative for democracy and the protection of human rights'). From a conceptual perspective, the EC's human rights policy seems governed by the principles of universality and indivisibility. However, the specific weight to be attributed to economic, social or minority rights, the EC's capacity to adhere to international human rights conventions and the interplay between 'First Pillar' (EC) and 'Second Pillar' (CFSP/EU) activities all await future clarification.

The European Union as a Diplomatic Actor

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Publisher : Springer
ISBN 13 : 1137356855
Total Pages : 221 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis The European Union as a Diplomatic Actor by : J. Koops

Download or read book The European Union as a Diplomatic Actor written by J. Koops and published by Springer. This book was released on 2014-11-11 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together leading scholars and practitioners to assess the processes, institutions and outcomes of the EU's collective diplomatic engagement in the fields of security, human rights, trade and finance and environmental politics. It analyzes successes and failures in the EU's search for global influence in the post-Lisbon era.

The Role of the EU in the Promotion of Human Rights and International Labour Standards in Its External Trade Relations

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Publisher : Springer Nature
ISBN 13 : 3030567486
Total Pages : 359 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis The Role of the EU in the Promotion of Human Rights and International Labour Standards in Its External Trade Relations by : Samantha Velluti

Download or read book 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 published by Springer Nature. This book was released on 2020-10-12 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Encyclopedia of Human Rights

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Publisher : Oxford University Press
ISBN 13 : 0195334027
Total Pages : 2641 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Encyclopedia of Human Rights by : David P Forsythe

Download or read book Encyclopedia of Human Rights written by David P Forsythe and published by Oxford University Press. This book was released on 2009-08-27 with total page 2641 pages. Available in PDF, EPUB and Kindle. Book excerpt: This four-volume encyclopedia set offers coverage of all aspects of human rights theory, practice, law, and history.

Normative Power Europe

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Publisher : Springer
ISBN 13 : 0230305601
Total Pages : 302 pages
Book Rating : 4.2/5 (33 download)

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Book Synopsis Normative Power Europe by : R. Whitman

Download or read book Normative Power Europe written by R. Whitman and published by Springer. This book was released on 2011-06-21 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of Normative Power Europe (NPE) is that the EU is an 'ideational' actor characterised by common principles and acting to diffuse norms within international relations. Contributors assess the impact of NPE and offer new perspectives for the future exploration of one of the most widely used ideas in the study of the EU in the last decade.

Making Human Rights a Reality

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Publisher : Princeton University Press
ISBN 13 : 0691155364
Total Pages : 294 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Making Human Rights a Reality by : Emilie Hafner-Burton

Download or read book Making Human Rights a Reality written by Emilie Hafner-Burton and published by Princeton University Press. This book was released on 2013-03-24 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes bibliographical references (pages 199-265) and index.