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Human Rights Conditionality in the EU's International Agreements

Human Rights Conditionality in the EU's International Agreements

Author: Lorand Bartels
Publisher: Oxford University Press
ISBN: 9780199277193
Published In: November 2005
Format: Hardback , 336 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
Reviews

Details

Human rights conditionality is politically controversial, giving the book a wide readership potential with NGO's for policy research
Comparative reference made between EU and US law and policy

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.

Readership: Scholars, students, policy developers, governmental lawyers and NGO researchers in the field of EU Human Rights law and policy.

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

Lorand Bartels, Lecturer in International Economic Law, University of Edinburgh

"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