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.

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.

2.2.3. Rule of Law.

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.

This four-volume encyclopedia set offers coverage of all aspects of human rights theory, practice, law, and history.

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.

This book explores the question of how the EU understands the ‘rule of law’ in its external relations, with a particular focus on development cooperation and enlargement. Although the EU’s commitment to the rule of law is strong, the relevant concept remains nebulous. On the basis of a detailed analysis of two key EU external policy areas, the main argument advanced is that the Union has adopted a mostly ‘institutional’ approach to the concept by focussing largely on judicial reform. By testing the relevant practice against the background of the constitutional traditions of the Member States and legal theory, the book attests to the significance of developing a comprehensive approach to the rule of law in EU external relations.

This book examines the need for greater legal coherence within international trade negotiations between the European Union (EU) and external trade relations. An introspective analysis of EU trade law and policy is presented that highlights the complex issue of EU unity. A particular focus is given to the Doha Round and the General Agreement on Trade in Services, with empirical analysis placing the negotiations not just within the context of international trade law, but also within broader social and political contexts. This book aims to provide an interdisciplinary understanding of the EU’s international trade negotiations. It will be relevant to researchers and policy-makers interested in international trade and EU law.

For all its achievements in integrating Europe, the EU lacks a human rights policy which is coherent, balanced and professionally administered. This volume provides an insightful critique of current policies and detailed recommendations for the future by leading experts in the field including individuals from every EU country.