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Published online by Cambridge University Press: 22 February 2022
ABSTRACT
In 2020 the European Union (EU, the Union) adopted the Global Human Rights Sanctions Regime which, similarly to some national efforts, allows the EU to intervene against serious human rights abuses occurring beyond the Union's borders by adopting targeted sanctions. This contribution aims to critically assess the new regime's essential elements, also drawing on existing EU sanctions regimes’ relevant practice. It explores the potential pitfalls that may prevent the new regime to achieve the desired results, as well as the innovative features that may contribute to the development of international law in this field. In this respect, attention is brought onto the theoretical concept of ‘role responsibility’ and on the examination of possible (international and/or internal) legal grounds for EU action in this field. The contribution closes by looking at the first implementation of the Global Human Rights Sanctions Regime in light of the critical aspects raised in the overall analysis.
INTRODUCTION
According to the consolidated version of the Treaty on European Union (TEU), the European Union (EU, the Union) shall contribute to the protection of human rights as well as to the strict observance and the development of international law in its relations with the wider world. In doing so, the Union shall seek to advance values such as democracy, the rule of law, respect for human dignity and respect for the principles of the United Nations (UN) Charter and international law across the world. Whether this post-Lisbon framework implies a positive duty for the EU – where this is reasonably possible within the exercise of its powers – to set the conditions for a fairer and more effective enjoyment of human rights worldwide is debatable. Despite its rather unclear content, such a general duty has nonetheless facilitated more resolute action against (some) violations of human rights taking place worldwide.
In 2020, taking stock of the Union's autonomous role in adopting restrictive measures based, inter alia, on human rights considerations against third countries and non-state actors or on thematic grounds, the EU adopted its ‘Global Human Rights Sanctions Regime’ (GHRSR ).
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