Cover

Half-title

Series-title

Title

Copyright

Table of Contents

Series Editors’ Preface

Acknowledgements and Preface

The Constitutional Treaty and the Reform Treaty: Table of Equivalences

Table of Cases

European Court of Justice

Opinions

Permanent Court of International Justice and International Court of Justice

Awards and Decisions of Other International Tribunals

Decisions of Domestic Courts

Table of Treaties

EC and EU Treaties

Treaties to Which the EC Is Party

Other Treaties

Abbreviations

1 Introduction

2 Promoting Values in Foreign Relations: Policy and Legal Issues

2.1 Introduction

2.2 Ethical Values and Foreign Policy: Choices and Implications

2.3 Legal Considerations and the Policy of Promoting and Protecting Ethical Values in Third States

2.3.1 International Legal Obligations and the Member States, Community and Union

2.3.1.1 International Legal Personality and the Community and Union

2.3.1.2 Relationship between International Law and the Community and EU Legal Orders

2.3.2 Legal Limits to Ethical Foreign Policies under International Law

2.3.2.1 State Sovereignty and the Principle of Non-Interference

2.3.2.1(a) Human Rights and Obligations Erga Omnes

2.3.2.1(b) Human Rights Obligations, the Limits of Domestic Jurisdiction and the Legality of Horizontal Enforcement

2.3.2.1(c) Violation of International Norms by Third States and Member State Obligations

2.3.2.2 Legal Limits on the Implementation of Policy

2.3.3 Legal Obligations to Promote Ethical Values in the Treaty Framework

2.3.3.1 Introductory Comments

2.3.3.2 Obligation to Promote and Protect Human Rights in Third States

2.3.3.2(a) Member States and Treaty Obligations to Promote and Protect Human Rights in Third States

2.3.3.2(b) Development Cooperation, Human Rights and the Legal Obligations of Third States

2.3.3.2(c) Development Cooperation, Humanitarian Assistance and the Obligation to Assist

2.3.3.3 Obligation to Promote and Protect Democracy and the Rule of Law in Third States

2.3.3.3(a) Democracy

2.3.3.3(b) The Rule of Law

2.4 Conclusions

3 Promoting Values and the International Relations of the Union and Community: Competence and Practice

3.1 Introduction

3.2 Relationship between the Union and Community and the Instruments Available for Implementing an Ethical Foreign Policy

3.2.1 Relationship between the Component Parts of the Union

3.2.2 Union and Community Instruments Relevant to the Pursuit of Ethical Values in Third Countries

3.2.2.1 Union Instruments

3.2.2.1(a) Common Strategies

3.2.2.1(b) Common Positions, Joint Actions and Decisions

3.2.2.1(c) Diplomatic and Other Legally Non-binding Measures and Instruments

3.2.2.2 Community Instruments

3.3 The Exercise of Competence and the Pursuit of Ethical Foreign Policy Objectives

3.3.1 Development Cooperation

3.3.1.1 1991 Resolution of the Development Council and the Member States

3.3.1.2 Competence under Articles 177 to 181 TEC

3.3.1.2(a) Poverty Reduction and Development Cooperation

3.3.1.2(b) Poverty Reduction, Development Cooperation and Trade

3.3.1.2(c) Funding the Pursuance of Ethical Values and Practice

3.3.1.2(c)(i) General Legal Basis for Funding Development Projects Pursuing Ethical Values

3.3.2 Humanitarian Aid and Food Aid

3.3.2.1 Community Competence in Humanitarian Aid

3.3.2.2 Community Competence in Food Aid and Security

3.3.3 Competence in Trade and the Pursuit of Ethical Values

3.3.3.1 GSP Scheme

3.3.3.1(a) GSP Scheme and the Withdrawal of Benefits

3.3.3.1(b) GSP Incentive Scheme

3.3.3.2 Restrictive Trade Measures

3.4 Conclusions

4 Ethical Values and Foreign Policy in Practice: Responses to the Denial of Democracy in Myanmar, Nigeria and Pakistan

4.1 Myanmar

4.1.1 Role of Ethical Values and Principles in Regional Dialogue Involving Myanmar and the Union

4.1.2 Bilateral Dealings with Myanmar

4.1.2.1 Diplomatic Measures and Myanmar

4.1.2.2 Utilisation of Punitive Legal Instruments by the Union against Myanmar

4.1.2.3 Promotion of Values and Principles in Myanmar

4.2 Pakistan

4.2.1 Legal and Political Structure of EU Dialogue with Pakistan

4.2.2 Democracy, Human Rights, the Union and Pakistan

4.2.2.1 Negotiating the Third Generation Agreement

4.2.2.2 Signature of the Third Generation Agreement with Pakistan

4.2.3 The Union's Successes in Promoting Ethical Values in Pakistan

4.2.3.1 Pakistani Law on Blasphemy and the Union

4.2.3.2 Child Labour in Pakistan and the Union

4.3 Nigeria

4.3.1 Dialogue between Nigeria and the Union

4.3.2 Action against Nigeria under Lomé IV

4.3.3 Action against Nigeria under the CFSP

4.3.4 Positive Action regarding Ethical Values and Nigeria

4.4 Conclusions

5 Ethical Values and Foreign Policy in Practice: the Role of the Union in the Middle East Peace Process and Relations with the Palestinian Authority and Israel

5.1 Ethical Values and the Middle East Peace Process, the Barcelona Process and the European Neighbourhood Policy

5.1.1 The Union and the MEPP

5.1.2 The Union, Ethical Values, the Barcelona Process and the European Neighbourhood Policy

5.2 Ethical Values and Bilateral Relations with Israel and the Palestinian Authority

5.2.1 Ethical Values, Israel and Bilateral Relations

5.2.2 Ethical Values, the Palestinian Authority and Bilateral Relations

5.2.3 Relevance of the Essential Elements Clauses in the Agreements with Israel and the Palestinian Authority

5.2.3.1 Essential Elements Clause and Relations with Israel

5.2.3.1(a) Israeli Military Incursions into Palestinian Territory and the Essential Elements Clause

5.2.3.1(b) The Wall and the Essential Elements Clause

5.2.3.1(c) Israeli Violations of International Norms and the Essential Elements Clause

5.2.3.2 Essential Elements Clause and Relations with the Palestinian Administered Territories

5.2.4 Promotion of Ethical Values

5.2.4.1 Positive Measures and Israel

5.2.4.2 Positive Measures and the Palestinian Authority

5.2.4.2(a) Positive Measures and Reforming the Palestinian Authority

5.2.4.2(b) Positive Measures and the Gaza lsquoDisengagement'

5.2.4.2(c) 2006 Palestinian Elections and the Temporary International Mechanism

5.3 Conclusions

6 Ethical Values and Foreign Policy in.Practice: Humanitarian Aid and the European Union

6.1 Concepts of Neutrality and Impartiality and their Relationship with Humanitarian Aid

6.2 Humanitarian Aid as a Foreign Policy Instrument of the Union

6.2.1 Relationship between Humanitarian Aid and Development Cooperation

6.2.2 Relationship between Humanitarian Aid and Other EU Foreign Policy Instruments

6.3 Humanitarian Assistance and the Promotion of Political Objectives and the Protection of Human Rights

6.3.1 Using Humanitarian Aid to Assist with Political Objectives

6.3.2 Using Humanitarian Aid to Promote and Protect Human Rights

6.4 Conclusions

7 Conclusions

Select Bibliography

Index