Ethical Dimensions of the Foreign Policy of the European Union: a Legal Appraisal Urfan Khaliq
Total Page：16
File Type：pdf, Size：1020Kb
This page intentionally left blank Ethical Dimensions of the Foreign Policy of the European Union This book analyses the theory and practice of the European Union’s ‘ethical foreign policy’, arguing that current practices dilute the impact and efficacy of EU policies but that an effort which is at times effective is being made to protect certain values in the Union’s international relations. Beginning with an investigation of the international rules authorising or obliging the Union/Community or the Member States to promote certain values in third states or take action to protect them, Khaliq goes on to examine the limits under international law which constrain such policies. The issues are then assessed from an EU/Community law perspective, and the importance attached to ethical values and their relationship with other priorities and objectives is analysed in the context of relations with Myanmar, Nigeria, Pakistan, Israel and the Palestinian Authority. The European Community’s humanitarian aid policy is also discussed. Cambridge Studies in European Law and Policy This series aims to produce original works which contain a critical analysis of the state of the law in particular areas of European Law and set out different perspectives and suggestions for its future development. It also aims to encourage a range of work on law, legal institutions and legal phenomena in Europe, including ‘law in context’ approaches. The titles in the series will be of interest to academics; policymakers; policy formers who are interested in European legal, commercial, and political affairs; practising lawyers including the judiciary; and advanced law students and researchers. Joint Editors Professor Dr. Laurence Gormley, Rijksuniversiteit Groningen, The Netherlands Professor Jo Shaw, University of Edinburgh Editorial advisory board Professor Richard Bellamy, University of Reading; Ms Catherine Barnard, University of Cambridge; Professor Marise Cremona, Queen Mary College, University of London; Professor Alan Dashwood, University of Cambridge; Professor Dr Jacqueline Dutheil de la Roche`re, Universite´ de Paris II, Director of the Centre de Droit Europe´en, France; Dr Andrew Drzemczewski, Council of Europe, Strasbourg, France; Sir David Edward KCMG, QC, former Judge, Court of Justice of the European Communities, Luxembourg; Professor Dr Walter Baron van Gerven, Emeritus Professor, Leuven & Maastricht and former Advocate General, Court of Justice of the European Communities; Professor Daniel Halberstam, University of Michigan, USA; Professor Dr Ingolf Pernice, Director of the Walter Hallstein Institut, Humboldt Universita¨t, Berlin; Michel Petite, Director General of the Legal Service, Commission of the European Communities, Bruxelles; Professor Dr Sinisa Rodin, University of Zagreb; Professor Neil Walker, University of Aberdeen and EUI, Fiesole. Books in the series EU Enlargement and the Constitutions of Central and Eastern Europe Anneli Albi Social Rights and Market Freedom in the European Constitution: A Labour Law Perspective Stefano Giubboni The Constitution for Europe: A Legal Analysis Jean-Claude Piris The European Convention on Human Rights: Achievements, Problems and Prospects Steven Greer European Broadcasting Law and Policy Lorna Woods and Jackie Harrison The Transformation of Citizenship in the European Union: Electoral Rights and the Restructuring of Political Space Jo Shaw Implementing EU Pollution Control: Law and Integration Bettina Lange The Evolving European Union: Migration Law and Policy Dora Kostakopoulou Ethical Dimensions of the Foreign Policy of the European Union: A Legal Appraisal Urfan Khaliq Ethical Dimensions of the Foreign Policy of the European Union A Legal Appraisal Urfan Khaliq CAMBRIDGE UNIVERSITY PRESS Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo Cambridge University Press The Edinburgh Building, Cambridge CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521870757 © Urfan Khaliq 2008 This publication is in copyright. Subject to statutory exception and to the provision of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published in print format 2008 ISBN-13 978-0-511-42911-8 eBook (EBL) ISBN-13 978-0-521-87075-7 hardback Cambridge University Press has no responsibility for the persistence or accuracy of urls for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate. Table of Contents Series Editors’ Preface page xi Acknowledgements and Preface xiii The Constitutional Treaty and the Reform Treaty: Table of Equivalences xv Table of Cases xvi Table of Treaties xxi List of Abbreviations xxx 1 Introduction 1 2 Promoting Values in Foreign Relations: Policy and Legal Issues 7 2.1 Introduction 7 2.2 Ethical Values and Foreign Policy: Choices and Implications 11 2.3 Legal Considerations and the Policy of Promoting and Protecting Ethical Values in Third States 19 2.4 Conclusions 79 3 Promoting Values and the International Relations of the Union and Community: Competence and Practice 81 3.1 Introduction 81 3.2 Relationship between the Union and Community and the Instruments Available for Implementing an Ethical Foreign Policy 82 3.3 The Exercise of Competence and the Pursuit of Ethical Foreign Policy Objectives 103 3.4 Conclusions 186 vii viii contents 4 Ethical Values and Foreign Policy in Practice: Responses to the Denial of Democracy in Myanmar, Nigeria and Pakistan 189 4.1 Myanmar 189 4.1.1 Role of Ethical Values and Principles in Regional Dialogue Involving Myanmar and the Union 194 4.1.2 Bilateral Dealings with Myanmar 200 4.2 Pakistan 218 4.2.1 Legal and Political Structure of EU Dialogue with Pakistan 221 4.2.2 Democracy, Human Rights, the Union and Pakistan 223 4.2.3 The Union’s Successes in Promoting Ethical Values in Pakistan 240 4.3 Nigeria 247 4.3.1 Dialogue between Nigeria and the Union 251 4.3.2 Action against Nigeria under Lome´ IV 253 4.3.3 Action against Nigeria under the CFSP 257 4.3.4 Positive Action regarding Ethical Values and Nigeria 264 4.4 Conclusions 270 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 274 5.1 Ethical Values and the Middle East Peace Process, the Barcelona Process and the European Neighbourhood Policy 277 5.2 Ethical Values and Bilateral Relations with Israel and the Palestinian Authority 299 5.3 Conclusions 395 6 Ethical Values and Foreign Policy in Practice: Humanitarian Aid and the European Union 404 6.1 Concepts of Neutrality and Impartiality and their Relationship with Humanitarian Aid 406 6.2 Humanitarian Aid as a Foreign Policy Instrument of the Union 409 contents ix 6.3 Humanitarian Assistance and the Promotion of Political Objectives and the Protection of Human Rights 428 6.4 Conclusions 444 7 Conclusions 447 Select Bibliography 459 Index 485 Series Editors’ Preface The foreign policy of the European Union as such has so far received relatively little attention from lawyers, although there are excellent works on the Union’s external relations in general. Ethical Dimensions of the Foreign Policy of the European Union seeks at once to fill that gap and to present, both in the wider perspective and, through the use of well- thought-out case studies, by reference to the major ethical themes of denial of democratic rights, participation in the Middle East peace process, and humanitarian aid, a considered, scholarly and critical assess- ment of the Union’s foreign policy objectives and achievements. The promotion of ethical values in foreign policy forms an essential part of good neighbourhood policy and the promotion of respect for fundamen- tal rights and the rule of law; and, as Dr Khaliq rightly observes, the litmus test for an ethical foreign policy lies in its application. He assesses ethical foreign policies from the perspective first of public international law, and then turns to the policy and practice of the European Union. Although the Union is firmly anchored on such concepts as liberty, democracy, respect for human rights and fundamental freedoms, and social rights, he notes that the link between these principles and external relations is weak; this is certainly institutionally so, although in practice the link is more frequently paraded, even if perhaps not always as much observed as might be desired. All foreign policies must, to varying degrees, take account of Realpolitik,aswellasofacceptedordisputed principles, whether those principles be self-adopted or encouraged, stimulated or imposed by (elements of ) the world order. The chicken and egg relationship between principles and policies is never far from the surface, demonstrating that politics remains the art of the possible. The European Union has had to tread a careful path, ensuring that the right measures are adopted on the basis of the right powers, not least xi xii series editors’ preface because the European Court of Justice will be keen to ensure that (at the very least) the prerogatives of the Community are not infringed, and that the Institutions have acted within the limits of their powers. The use of Community or Union vires as appropriate is dramatically illus- trated and brought to life in Dr Khaliq’s book. Of particular