A legal analysis of human rights clauses in the European Union’s Euro-Mediterranean Association Agreements

Abstract:

This article offers a legal analysis of the human rights clauses in the European Union's Euro-Mediterranean association agreements. These clauses entitle either party to the agreement to take 'appropriate measures', including suspending the agreement, in the event that the other party fails to comply with specified human rights norms. It describes the political role of these human rights clauses, and examines their scope and operation, including an assessment of the types of 'appropriate measures' that can be taken in response to human rights violations. In particular, the study questions whether, in addition to 'negative' sanctions, the human rights clauses in the Euro-Mediterranean association agreements can provide a basis for 'positive' human rights policies, involving political dialogue and financial aid.