The EU's Human Rights Responsibility Gap: Deconstructing Human Rights Impunity of International Organisations

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The EU's Human Rights Responsibility Gap: Deconstructing Human Rights Impunity of International Organisations

By Joyce De Coninck
Hart Publishing November 2024

Specifications

ISBN-13
9781509977352
Publisher
Hart Publishing
Publication
November 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

Can the EU be held legally responsible for contributions to unlawful human rights separately from its Member States? This is at the heart of this important new study.

Taking an innovative approach, rather than assess the EU's contribution to human rights violations, it asks if such conduct can be legally contested before a court of law. It takes a clear, two-part approach: firstly, it deconstructs and analyses the theoretical international and EU human rights responsibility regime. Secondly, the book applies this regime to four case studies looking at international border management. This allows it to establish a theory of 'relational human rights responsibility' in order to hold the EU responsible for its complicity in human rights harms.

Blending litigation, theory and rights analysis, this is a new approach to enforcing and protecting human rights.

Table of Contents

Part I: Introduction
1. IOs, the EU and Human Rights Responsibility
2. EU Integrated Border Management and the Right to an Effective Remedy

Part II: The EU's Human Rights Responsibility Regime
3. Normative Incongruence: Human Rights Obligations of International Organisations and the EU
4. Liability Incongruence: Establishing Responsibility of IOs and the EU

Part III: EU Human Rights Responsibility in Practice
5. Adjudicatory Jurisdiction and the Non-Refoulement Principle
7. Operational Cooperation with Third Countries
8. Measures at the EU External Border
9. Return and Readmission Agreements with Third Countries

Part IV: Relational Human Rights Responsibility
10. Incongruence Clusters and EU Responsibility
11. EU Relational Human Rights Responsibility?
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