000 04369nam a22004698i 4500
001 BRILL9789004481558
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008 200716s2002 ne sb 001 0 eng d
020 _a9789004481558
_q(electronic book)
020 _a9789041119360
_q(print)
024 7 _a10.1163/9789004481558
_2DOI
035 _z(OCoLC)50684469
040 _aNL-LeKB
_cNL-LeKB
_erda
050 4 _aHF1531
072 7 _aLBBR
_2bicssc
072 7 _aLAW
_x051000
_2bisacsh
072 7 _aPOL
_x035010
_2bisacsh
082 0 4 _a341.4
_223
100 1 _aFierro, Elena
_eauthor.
245 1 4 _aThe EU's Approach to Human Rights Conditionality in Practice /
_cElena Fierro.
264 1 _aLeiden;
_aBoston :
_bBrill | Nijhoff,
_c2002.
300 _a1 online resource.
336 _atext
_btxt
_2rdacontent
337 _acomputer
_bc
_2rdamedia
338 _aonline resource
_2rdacarrier
490 1 _aBrill Book Archive Part 1, ISBN: 9789004472495
490 1 _aInternational Studies in Human Rights ;
_v76
504 _aIncludes bibliographical references and index.
505 0 _aIntroduction. Part I: Introductory Aspects. I. The Legal Framework of EC External Relations. II. Evolution of the Human Rights Policy in the EU/EC External Relations. III. Approaching Conditionally. Part II: Conditionality Ex Ante. IV. Conditionality in Relation to European Countries. V. Conditionality in Relation to Third (non-European) Countries. Part III: Conditionality Ex-Post. VI. The Human Rights Clauses in Bilateral Agreements. VII. Legal Basis, Interpretation and Scope of the Human Rights Clauses. VIII. The Human Rights Clause as an Obstacle to the Agreement. IX. Application of the Human Rights Clauses in Bilateral Agreements. X. Human Rights Clauses in Financial (Unilateral) Regulations. Conclusions. Index.
520 _aHuman 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.
588 _aDescription based on print version record.
650 0 _aConditionality (International relations)
_zEuropean Union countries.
650 0 _aHuman rights
_zEuropean Union countries.
650 0 _aInternational relations.
776 0 8 _iPrint version:
_tThe EU's Approach to Human Rights Conditionality in Practice.
_dLeiden ; Boston : Brill | Nijhoff, 2002
_z9789041119360
830 0 _aBrill Book Archive Part 1, ISBN: 9789004472495.
830 0 _aInternational Studies in Human Rights ;
_v76.
856 4 _zDOI:
_uhttp://dx.doi.org/10.1163/9789004481558
999 _c27615
_d27615