With trade comes responsibility: the external reach of the EU’s fundamental rights obligations

Macchi, Chiara

doi:10.1080/20414005.2020.1859255

Cited by 3 publications

References 4 publications

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The Conclusion of Trade Agreements and the EU’s Duty to Respect Human Rights Abroad: Extraterritorial and Territorial Considerations

Kassoti

Wessel²

2021

European Union and Its Neighbours in a Globalized World

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The chapter explores the question of whether the EU is bound by human rights obligations towards individuals located outside the territory of the Member States when it concludes trade agreements with third countries. In this light, the chapter focuses on two concrete sub-questions: (a) the question of the extraterritorial applicability of the EU Charter of Fundamental Rights; and (b) the question of the existence of a due diligence obligation incumbent upon the EU institutions to examine the impact of the agreement to the human rights situation in the third State. In relation to the question of the extraterritoriality of the Charter, the chapter argues that territorial considerations are immaterial in the context of determining the Charter's applicability; what matters in this context is whether the situation in question is covered by an EU competence. Next, the chapter examines whether a relevant EU duty of due diligence exists-as a matter of either EU or international law. It is shown that the existence of such a duty under international law is far from straightforward and it involves an examination of the relevant primary norms. The chapter concludes by highlighting that, as a matter of EU law, a duty of due diligence to take into account the impact of a future agreement on the human rights situation in a third State clearly exists.

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The Conclusion of Trade Agreements and the EU’s Duty to Respect Human Rights Abroad: Extraterritorial and Territorial Considerations

Kassoti

Wessel²

2021

European Union and Its Neighbours in a Globalized World

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Responsibility Beyond Borders: Business, Human Rights, Climate Change and the State

Macchi

2022

Business, Human Rights and the Environment: The Evolving Agenda

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A Glass Half Full: Critical Assessment of EU Regulation 2017/821 on Conflict Minerals

Macchi¹

2021

Journal of Human Rights Practice

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EU Regulation 2017/821, bound to enter into force in early 2021, is the most recent legislative initiative aiming to sever the links between minerals trade, conflict dynamics and human rights abuses. The Regulation, which is meant to complement US legislation on conflict minerals, creates requirements for direct importers of 3TG in the EU and preludes to the establishment of a list of responsible EU smelters and refiners. While marking a historic step forward in the global efforts to curb conflict minerals trade, the Regulation presents some critical aspects. These include the exact definition of its geographical scope, its limitation to the 3TG metals and minerals and, most importantly, the exemption from its binding provisions of all downstream companies. While the functioning and effectiveness of the Regulation, as well as its possible unintended social and economic consequences on producing countries, will become clearer after its entry into force, this article provides an interim assessment of its strengths and weaknesses. The article starts by putting the Regulation in the context of global efforts to curb trade in conflict minerals, and addresses the ongoing debate on the possible adverse economic and social consequences of this type of legislation (Section 2). It then analyses the contents of the Regulation, critically focusing attention, in particular, on its hybrid combination of binding and voluntary measures, and on its scope of application (Section 3). In Section 4, an interim appraisal of the Regulation is carried out by highlighting both its undeniable potential and the shortcomings that might hamper its effectiveness in achieving its stated goals. Finally, Section 5 summarizes the article’s conclusions in the light of the likely adoption by the EU, in the near future, of a cross-sectoral mandatory human rights due diligence instrument.

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With trade comes responsibility: the external reach of the EU’s fundamental rights obligations

Cited by 3 publications

References 4 publications

The Conclusion of Trade Agreements and the EU’s Duty to Respect Human Rights Abroad: Extraterritorial and Territorial Considerations

The Conclusion of Trade Agreements and the EU’s Duty to Respect Human Rights Abroad: Extraterritorial and Territorial Considerations

Responsibility Beyond Borders: Business, Human Rights, Climate Change and the State

A Glass Half Full: Critical Assessment of EU Regulation 2017/821 on Conflict Minerals

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