Policy vs practice: The use, implementation and enforcement of human rights clauses in the European Union’s international trade agreements

Abstract

In the mid-1990s, the EU adopted a general policy of including human rights clauses in all of its international trade agreements. Through these human rights clauses, in addition to other tools such as Human Rights Dialogue and sanctions, the EU seeks to promote the protection of human rights in its external relations. There are, however, some issues arising regarding the content, use, implementation and activation of these clauses. Not only do human rights clauses in different agreements vary in wording and scope, but also the actual implementation and enforcement by the EU differ from case to case, raising questions as to the selective character and the consistency of the EU’s action and, consequently, as to the EU’s credibility as a normative international actor. The main deficiencies in this regard are the selective and at times inconsistent inclusion and activation of human rights clauses, as shown by an examination of the EU’s agreements and their implementation and enforcement in practice. This article examines human rights clauses in the EU’s international trade agreements and the implementation and enforcement thereof, in order to shed light on the promises and pitfalls of the EU’s human rights efforts.

Legal and economic aspects of violations of international agreements on the sale of goods and services

“…Globalization of the economy and society increasingly inaugurates openness, freedom, and liberalization of all flows, thus producing a global process leading to closer connections between society and its economic entities, implying a high level of trust among them (Dašić, 2014). The entire process of creating a global economic system, whose subjects are connected in a multidimensional network of economic, social, and political ties, today, despite all the dilemmas it faces, raises the question of the relationship between economics and ethics (Prickartz, Staudinger, 2019). In such an environment, business systems must align their operations and mission with the rules governing the horizon of modern economics for survival and further development.…”