The emergence of the human rights and democracy clause in agreements between the European community and third states

Abstract

Since the early 1990s the European Community has sought to make the protection of human rights and democracy an essential condition of its cooperation (both developmental and economic) with third states. This action combines economic and political objectives in a manner which pushes the boundaries of Community competence to its limits, both internally and externally. This thesis examines first the development of human rights in the international legal system, to establish the legitimacy of any international actor to take such action. It also examines the extent to which the international legal order has developed to accommodate a non-state actor such as the Community. Then, once these wider questions have been considered, the thesis focuses on the internal aspects. The development of human rights within the Community and the developing concern over human rights violations in third states are examined. The definitions of "human rights" in each context are compared. Finally, it examines the operation of the policy, with particular reference to the experiences in the negotiations with Australia and Mexico. No attempt is made to judge the morality of this policy, the question throughout is whether the Community possesses the competence to pursue these aims, and whether the legal mechanism chosen is appropriate to the pursuit of these aims. Ultimately it concludes that the universal approach adopted lays the Community open to unwarranted criticism. The Community is attempting to achieve greater consistency and transparency in the operation of this policy: it is submitted that this does not require a uniform mechanism. The Community should recognise, both in the expression of the policy itself, and in the expression of the rights to be protected, the differences that warrant different implementation in different cases.