Human Rights Conditionality in the EU's International Agreements
Published on 20. October 2005
Book
Hardback
336 pages
978-0-19-927719-3 (ISBN)
Description
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 conclusions have 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.
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 conclusions have 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.
Reviews / Votes
This is, indeed, a major contribution which helps to break free of many myths and ideologies about the role of the EU as a defender of human rights. The..book..stands out for..courageously dealing with the theoretical and practical questions of conditionality..a very detailed and critical account of these issues. This book will certainly constitute an essential point of reference for future inquiries. It unfolds page after page with a line of arguments...[which are]..always measured and coherent. * European Law Review * ...a thorough examination of the technical aspects of these human rights clauses. The depth and scope of legal analysis is noteworthy..[this book is] valuable and meticulous in highlighting the legal confusion in operation. * Yearbook of European Law * The author...manages to combine an expert analysis with a sound explanation of the basics, and in that respect the text will be popular not only with academic staff seeking an expert knowledge, but also students and staff from various disciplines who need to know something about this fundamental area of international and European relations. * European Foreign Affairs Review * Our conclusion is that the reading of this book is essential and will be certainly stimulating for anyone interested in the Human Rights Policy of the European Union and more generally in its external action...This contribution will undoubtedly inspire further reflections on the topic and will become a necessary point of reference. * European Law Books - www.europeanlawbooks.org *More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Target group
Professional and scholarly
Scholars, students, policy developers, governmental lawyers and NGO researchers in the field of EU Human Rights law and policy.
Dimensions
Height: 240 mm
Width: 161 mm
Thickness: 22 mm
Weight
658 gr
ISBN-13
978-0-19-927719-3 (9780199277193)
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Schweitzer Classification
Person
Lorand Bartels is Lecturer in International Economic Law at the University of Edinburgh
Content
INTRODUCTION ; PART ONE ; 1. Evolution of human rights clauses ; 2. Human rights clauses in practice ; 3. Human rights clauses in context ; PART TWO ; 4. Interpretation of human rights clauses ; 5. Procedures under human rights clauses ; 6. Substantive obligations under human rights clauses ; PART THREE ; 7. Community competence to include human rights clauses in international agreements ; 8. Member State obligations to perform international obligations undertaken ultra vires by the Community ; CONCLUSION