Chapter I General Introduction
1 Introduction = 1
2 Research Objective = 3
3 Outline of Study = 7
PART A - General Framework
Chapter II The International Legal Framework
1 Introduction = 11
2 International System for the Protection of Human Right = 12
3 Rules of International Treaty Law = 22
4 Rules of International Law governing the Use of Sanctions in Response to Human Right Violations = 30
5 International Organisations = 36
6 Conclusion = 45
Chapter III The European Union Legal Framework
1 Introduction = 47
2 The European Union as an International Actor = 48
3 Is the European Community bound by Human Rights? = 65
4 Human Rights Conditionality and EU Membership = 74
5 External Community Competence in the Field of Human Rights = 84
6 Instruments to engage in External Human Rights Activities = 97
7 Conclusion = 112
Chapter IV Conventional Framework
1 Introduction = 115
2 The EC as a Party to International Agreements = 115
3 The Treaty Relations of the European Community = 128
4 Relevant Elements of the Agreements containing a Human Rights Clause = 144
5 Conclusion = 148
PART B - Legal Analysis of the Human Rights Clause
Chapter V The Human Rights Clauses in the Community's Treaty Relations
1 Introduction = 151
2 From Preambular Reference to Essential Element Clause = 151
3 Typology of References to Human Rights in Community Agreements = 155
4 References to Human Rights in Unilateral Community Measures = 157
5 The Human Rights Clause = 160
6 The Suspension Clause = 162
7 Conclusion = 164
Chapter VI Normative Framework of the Human Rights Clause
1 Introduction = 167
2 Characteristics of the Human Rights Clause = 167
3 In Search of Tools for interpreting the Human Rights Clause = 168
4 Towards a Definition of the Term Human Rights as used in the Community's Treaty Relations = 176
5 Human Rights Clause in Lome/Cotonou Convention = 182
6 Conclusion = 183
Chapter VII Breach of the Human Rights Clause
1 Introduction = 185
2 Breach of Treaty in International Law = 186
3 General Principle to Respect Human Rights = 188
4 Breach of the General Principle to Respect Human Rights = 191
5 Breach of General Principle to Respect Human Rights in Community Measures = 203
6 Breach of the Human Rights Clause : Procedural Requirements = 204
7 Judicial Control = 210
8 Conclusion = 214
PART C - Implementation of the Human Rights Clause
Chapter VIII Implementation of the Human Rights Clause Under International Law
1 Introduction = 219
2 International Treaty Law = 219
3 International Law on State Responsibility = 225
4 Arrangement of the Situation of Breach in Community Agreements = 229
5 Conclusion = 235
Chapter IX Implementation of the Human Rights Clause Under EU Law
1 Introduction = 237
2 Community or CFSP Competence? = 238
3 Mixed Agreements = 242
4 Competence of the Community Institutions = 244
5 Community Implementation of Article 366a Lome = 247
6 Implementation Human Rights Clause in Community Regulations = 249
7 Union Practice = 252 8 Conclusion = 260
PART D - Conclusion
Chapter X Conclusion
1 Introduction = 265
2 The Ambition of the Human Rights Clause = 266
3 The Reality of the Human Rights Clause = 267
4 Development of the EU's Human Rights Policy : Trial and Error = 274
5 Making the Ambition of the Human Rights Clause Reality = 276
Mensenrechten in de verdragsbetrekkingen van de Europese Gemeenschap = 279
Annex 1 References to Human Rights in Community Agreements = 287
Annex 2 Agreements containing a Reference to Human Rights = 293
Selected Bibliography = 297
Table of Cases = 317
List of Documents = 321
Index = 333
Curriculum Vitae = 337
1 Introduction = 1
2 Research Objective = 3
3 Outline of Study = 7
PART A - General Framework
Chapter II The International Legal Framework
1 Introduction = 11
2 International System for the Protection of Human Right = 12
3 Rules of International Treaty Law = 22
4 Rules of International Law governing the Use of Sanctions in Response to Human Right Violations = 30
5 International Organisations = 36
6 Conclusion = 45
Chapter III The European Union Legal Framework
1 Introduction = 47
2 The European Union as an International Actor = 48
3 Is the European Community bound by Human Rights? = 65
4 Human Rights Conditionality and EU Membership = 74
5 External Community Competence in the Field of Human Rights = 84
6 Instruments to engage in External Human Rights Activities = 97
7 Conclusion = 112
Chapter IV Conventional Framework
1 Introduction = 115
2 The EC as a Party to International Agreements = 115
3 The Treaty Relations of the European Community = 128
4 Relevant Elements of the Agreements containing a Human Rights Clause = 144
5 Conclusion = 148
PART B - Legal Analysis of the Human Rights Clause
Chapter V The Human Rights Clauses in the Community's Treaty Relations
1 Introduction = 151
2 From Preambular Reference to Essential Element Clause = 151
3 Typology of References to Human Rights in Community Agreements = 155
4 References to Human Rights in Unilateral Community Measures = 157
5 The Human Rights Clause = 160
6 The Suspension Clause = 162
7 Conclusion = 164
Chapter VI Normative Framework of the Human Rights Clause
1 Introduction = 167
2 Characteristics of the Human Rights Clause = 167
3 In Search of Tools for interpreting the Human Rights Clause = 168
4 Towards a Definition of the Term Human Rights as used in the Community's Treaty Relations = 176
5 Human Rights Clause in Lome/Cotonou Convention = 182
6 Conclusion = 183
Chapter VII Breach of the Human Rights Clause
1 Introduction = 185
2 Breach of Treaty in International Law = 186
3 General Principle to Respect Human Rights = 188
4 Breach of the General Principle to Respect Human Rights = 191
5 Breach of General Principle to Respect Human Rights in Community Measures = 203
6 Breach of the Human Rights Clause : Procedural Requirements = 204
7 Judicial Control = 210
8 Conclusion = 214
PART C - Implementation of the Human Rights Clause
Chapter VIII Implementation of the Human Rights Clause Under International Law
1 Introduction = 219
2 International Treaty Law = 219
3 International Law on State Responsibility = 225
4 Arrangement of the Situation of Breach in Community Agreements = 229
5 Conclusion = 235
Chapter IX Implementation of the Human Rights Clause Under EU Law
1 Introduction = 237
2 Community or CFSP Competence? = 238
3 Mixed Agreements = 242
4 Competence of the Community Institutions = 244
5 Community Implementation of Article 366a Lome = 247
6 Implementation Human Rights Clause in Community Regulations = 249
7 Union Practice = 252 8 Conclusion = 260
PART D - Conclusion
Chapter X Conclusion
1 Introduction = 265
2 The Ambition of the Human Rights Clause = 266
3 The Reality of the Human Rights Clause = 267
4 Development of the EU's Human Rights Policy : Trial and Error = 274
5 Making the Ambition of the Human Rights Clause Reality = 276
Mensenrechten in de verdragsbetrekkingen van de Europese Gemeenschap = 279
Annex 1 References to Human Rights in Community Agreements = 287
Annex 2 Agreements containing a Reference to Human Rights = 293
Selected Bibliography = 297
Table of Cases = 317
List of Documents = 321
Index = 333
Curriculum Vitae = 337