(EU) and the Common Market of the South (MERCOSUR)? - FDCL

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22 on the possibility of a unilateral threatening scenario on the part of the EU-Commission in order to “suspend trade oriented privileges” unilaterally in case of human rights violations of the contracting party – and least of all wants to see their own human rights policy monitored. The Communication from the Commission, COM(1995)216 from May 1995 made the potential explosiveness of a general introduction of such human rights clauses evident: The DG Relex writes on its website that this Council Decision COM(1995)216: “spells out the basic modalities of this clause, with the aim of ensuring consistency in the text used and its application. Since this Council decision of May 1995, the human rights clause has been included in all subsequently negotiated bilateral agreements of a general nature (excluding sectoral agreements on textiles, agricultural products, and so on). More than 20 such agreements have already been signed. These agreements come in addition to the more than 30 agreements negotiated before May 1995 which have a human rights clause not necessarily following the model launched in 1995.” 39 Most likely the European Commission became conscious of the fact that in view of the practices of European transnational companies, for example in the sweatshop-industries of the textile sector or with respect to their own agricultural policy, it did not seem appropriate to include human rights clauses into agreements which cover these sectors. The danger of proclaiming the positive message of a non-sanctioning human rights “clause” within a broad partnership-agreement, however, did not seem to be all too latent. In this sense article 1 of the agreement between the EU and Mexico on Economic Partnership, Political Coordination and Cooperation between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, which was passed in 1997 and came into force in October 2000, solemnly explains the so-called human rights and democracy clause: 39 http://europa.eu.int/comm/external_relations/human_rights/intro/index.htm#4.
Article 1 Basis of the Agreement Respect for democratic principles and fundamental human rights, proclaimed by the Universal Declaration of Human Rights, underpins the domestic and external policies of both Parties and constitutes an essential element of this Agreement. 40 In the same way the agreement between the EU and Chile, passed on November 18, 2002 and ratified in February 2003, also states in article 1: Article 1 Principles Respect for democratic principles and fundamental human rights as laid down in the Universal Declaration of Human Rights and for the principle of the rule of law underpins the internal and international policies of the Partie-sand constitutes an essential element of this Agreement. 41 This democracy and human rights clause will also be an integral component of the planned “Interregional Association Agreement” between the EU and MERCO- SUR. Moreover, the EU-Commission appears to have made big efforts to clarify even- 40 Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, p. 2, see: http://europa.eu.int/ eur-lex/pri/en/oj/dat/2000/l_276/l_27620001028en00450061.pdf. 41 EU-Chile Association Agreement, November 18, 2002, p. 3, http://europa.eu.int/comm/trade/issues/bilateral/ countries/chile/docs/euchlagr_i.pdf. 23
Page 2 and 3: Christian Russau Enforcement of int
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120 c) The still pending Doha “De
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124 · http://europa.eu.int/comm/co
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130 um den Markt der wiederentdeckt
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134 DIHK Deutscher Industrie- und H
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136 Lomé Lomé-Agreement between E
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(EU) and the Common Market of the South (MERCOSUR)? - FDCL

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