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THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016$
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Giuliana Ziccardi Capaldo

Print publication date: 2017

Print ISBN-13: 9780190848194

Published to Oxford Scholarship Online: October 2017

DOI: 10.1093/oso/9780190848194.001.0001

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Mainstreaming Human Rights in EuroMed Bilateral Relations

Mainstreaming Human Rights in EuroMed Bilateral Relations

‘The Road to Hell Is Paved with Good Intentions’

Chapter:
(p.83) Mainstreaming Human Rights in EuroMed Bilateral Relations
Source:
THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016
Author(s):

Francesca Ippolito

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190848194.003.0004

This article, focusing on the bilateral dimension of the EuroMed relations related to migration conceptualises the existence of a human rights (HR) mainstreaming duty in EU external policies and attempts to examine the related problems of the application and performance of such a duty based on the analysis of the human rights clauses included in the Association Agreements (AAs) within the European Neighbourhood Policy (ENP) framework, in combination with the mechanism of the “non-affection clause” for formal and informal Readmission Agreements concluded at both the EU (EURAs) and national levels. Just as Pot Luck, Emile Zola’s most acerbic satire, examines the contradictions that pervade bourgeois life to reveal a multitude of betrayals and depict a veritable ‘melting pot’ of moral and sexual degeneracy, so this article will pinpoint a similar ‘Victorian’ hypocrisy underlying the HR mainstreaming conception in EuroMed relations and its implementation through the tool of conditionality. Finally, the work will explore the positive goals of exporting the new conception of an HR mainstreaming duty elaborated for trade agreements into the new generation of AAs and EURAs.

Keywords:   EuroMed relations, European neighbourhood policy, EU external policies, mainstreaming human rights, migration, non-affection clause

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