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Author : Elena Fierro
Publisher : Martinus Nijhoff Publishers
Page : 456 pages
File Size : 53,6 Mb
Release : 2003
Category : Political Science
ISBN : 9041119361
2.2.3. Rule of Law.
Author : Jan Wouters,Manfred Nowak,Anna-Luise Chané,Nicolas Hachez
Publisher : Oxford University Press
Page : 672 pages
File Size : 45,9 Mb
Release : 2020-12-17
Category : Law
ISBN : 9780192543943
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.
Author : Elena Fierro
Publisher : BRILL
Page : 448 pages
File Size : 51,9 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004481558
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.
Author : OECD
Publisher : OECD Publishing
Page : 174 pages
File Size : 40,7 Mb
Release : 2006-06-14
Category : Electronic
ISBN : 9789264022102
By giving numerous examples of practical approaches, this publication shows that there are various ways for donor agencies to take human rights more systematically into account – in accordance with their respective mandates, modes of engagement and comparative advantage.
Author : Georg Sorensen
Publisher : Routledge
Page : 141 pages
File Size : 54,6 Mb
Release : 2013-11-05
Category : Business & Economics
ISBN : 9781135200909
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.
Author : Jan Wouters,Manfred Nowak,Anne-Luise Chane,Nicolas Hachez
Publisher : Oxford University Press, USA
Page : 729 pages
File Size : 42,6 Mb
Release : 2021-02-17
Category : Law
ISBN : 9780198814191
EU commitment to human rights policies has grown following the Lisbon Treaty. Taking stock of those developments, this book describes the framework, actors, policies, and strategies of human rights across the EU and how their impact is felt. Contributed to by scholars from across the EU, this provides an in-depth and holistic view of the issues.
Author : Samantha Velluti
Publisher : Springer Nature
Page : 359 pages
File Size : 54,7 Mb
Release : 2020-10-12
Category : Law
ISBN : 9783030567484
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.
Author : David P Forsythe
Publisher : Oxford University Press
Page : 2641 pages
File Size : 47,9 Mb
Release : 2009-08-27
Category : Law
ISBN : 9780195334029
This four-volume encyclopedia set offers coverage of all aspects of human rights theory, practice, law, and history.
Author : Vivian Kube
Publisher : Springer
Page : 329 pages
File Size : 44,6 Mb
Release : 2019-08-02
Category : Law
ISBN : 9783030206079
This book demonstrates how human rights obligations of the EU foreign constitution can be operationalized in the realm of international economic regulation. The content is divided into three major parts. The first outlines the legal foundations needed for the EU to become a shaper of international investment law, which include the general principles and objectives of EU external policies, the Charter of Fundamental Rights, international human rights and the international investment competences of the EU. The second part demonstrates the current international investment regime’s incompatibility with human rights interests, while the third analyzes two mechanisms stemming from trade Law – ex-ante human rights impact assessments and civil society monitoring bodies – and explores whether they could mitigate the current inequalities in the protection of rights. The potential of these mechanisms, the book argues, lies in their capacity to ensure a comprehensive assessment of all interests at stake, and to empower traditionally marginalized rights-holders to make, shape and contest the international investment regime.
Author : Naděžda Šišková
Publisher : Cambridge Scholars Publishing
Page : 310 pages
File Size : 52,9 Mb
Release : 2014-10-02
Category : Political Science
ISBN : 9781443868297
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.
Author : Marise Cremona,Joanne Scott
Publisher : Oxford University Press
Page : 304 pages
File Size : 51,5 Mb
Release : 2019-05-03
Category : Law
ISBN : 9780192579478
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.
Author : Malcolm Evans,Panos Koutrakos
Publisher : Bloomsbury Publishing
Page : 372 pages
File Size : 43,7 Mb
Release : 2011-04-19
Category : Law
ISBN : 9781847316462
A lively debate on the constitutionalisation of the international legal order has emerged in recent years. A similar debate has also taken place within the European Union. This book complements that debate, exploring the underlying realities that the moves towards constitutionalism seek to address. It does this by focusing on the substantive interconnections that the EU has developed over the years with the rest of the world, and assesses the practical impact these have both in the development of its legal order as well as in the international community. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in March 2009, this collection of essays examines policy areas of economic governance (trade, financial services, migration, environment), political governance (human rights, criminal law, responses to financing terrorism), security governance (counter-terrorism, use of force, non-proliferation), and the issue of the emergence of European and global values. How are these areas shaped by the interaction between EU law and other legal orders and polities? In what ways does the EU impact on other transnational legal systems? And how are its own rules and principles shaped by such systems? These questions are addressed in the light of the specific legal and political context within which the EU pursues its policies by interacting with the rest of the world.
Author : Giacomo Di Federico
Publisher : Springer Science & Business Media
Page : 327 pages
File Size : 51,7 Mb
Release : 2010-12-02
Category : Law
ISBN : 9789400701564
The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.
Author : Belgin Akçay,Bahri Yilmaz
Publisher : Lexington Books
Page : 354 pages
File Size : 54,6 Mb
Release : 2012-11-15
Category : Political Science
ISBN : 9780739179826
Although Turkey has a long-held aspiration for European Union membership and has been a candidate for more than a decade, relations between the EU and Turkey have not received the attention it deserves from non-Turkish researchers thus far, and consequently the international literature on EU-Turkey relations is rather limited. In light of recent global economic and political challenges for the EU and Turkey, a need has emerged for an interdisciplinary approach to study EU-Turkey relations within the wider international political and economic context. Turkey’s Accession to the European Union: Political and Economic Challenges, edited by Belgin Akçay and Bahri Yilmaz, provides a timely overview of some of the most important issues and debates in the changing context of Europe, the change in domestic politics and foreign policy in Turkey, and the likely implications of these changes and developments for EU-Turkey relations. Within this framework, this collection includes articles emphasizing Turkey’s reform process with a view to EU accession, despite EU’s reservations about “absorbing” Turkey and the eventual decoupling of the Turkish reform process from European integration, as well as searching for alternative forms of cooperation or transitional arrangements which may be possible for Turkey at the time of accession.
Author : Maurizio Carbone,Jan Orbie
Publisher : Routledge
Page : 144 pages
File Size : 50,7 Mb
Release : 2016-03-22
Category : Political Science
ISBN : 9781317596912
This volume offers new perspectives on the evolution of the trade–development nexus in the European Union against dramatic changes in the international context. Without disregarding them, it seeks to go beyond the controversial and extensively researched Economic Partnership Agreements (EPAs). In particular, it focuses on the reform of the Generalised System of Preferences, the negotiation of various Preferential Trade Agreements, the application of trade sanctions, the allegedly ambitious agendas on decent work, Aid for Trade and aid untying, and the implications of the changing balance of power in global economic relations. Taking diverse approaches and, at times, reaching different conclusions, contributors directly or indirectly address one or more of the three general themes of the book: differentiation, coherence, and norms. This book was published as a special issue of Contemporary Politics.
