Report on the analysis and critical assessment of EU engagement in UN bodies

The first deliverable of Work Package No 5 (WP 5) presents the outcome of the analysis and critical assessment of EU human rights engagement in UN bodies. The EU has committed itself in the Treaty on the European Union to ‘promote multilateral solutions to common problems, in particular in the framework of the United Nations.’ In light of this provision, and taking into account the considerable challenges the EU-UN cooperation encounters, the present report aims at four goals. Firstly, to map the long-standing and multifaceted engagement of the EU within and towards UN human rights bodies. Secondly, to critically assess the EU’s engagement in the UN from the perspective of both its policy and institutions. Thirdly, to identify specific and structural flaws in the EU’s approach to human rights at the UN. Fourthly, to find creative ways of enhancing the EU’s position, role, inclusion in and impact upon these UN bodies. The deliverable consists of seven chapters. The first chapter presents the aims of the report and the methodology of the research. It also explains the key concepts of the deliverable, such as coherence, leadership or mutual influence between the EU and the UN. The second chapter explores two of the guiding principles of the EU’s external policy: human rights and multilateralism. In particular, it contains an analysis of the Union’s commitment to ‘effective multilateralism’ and consistency of specific human rights priorities throughout the EU legislation and other documents. The third chapter presents the institutional framework of the EU-UN relations. As both, the EU and the UN, share a common trait – a high complexity of their organisational structure, chapter III begins with a detailed mapping of both organisations. It also explains the role of different stakeholders in the EU-UN cooperation. This chapter also tackles the relationships between stakeholders and the coordination of the EU’s position at the UN. The status of the EU in the UN is also explored from the point of view of the legal framework of both organisations. The fourth chapter presents the processes and dynamics behind the formulation of EU human rights aims, objectives and priorities at the UN. It indicates the critical factors, relevant actors and their roles as well as the overall characteristics of the process. The chapter also provides a detailed analysis of the EU’s specific goals and objectives at the UN as well as their consistency. The report focuses on the Union’s priorities with regard to (i) thematic human rights issues, (ii) its country-specific priorities, and (iii) its aims and objectives relating to the institutional architecture of the UN. The fifth chapter concerns the tools and methods deployed by the EU at the UN. Particular attention has been paid to the issue of the EU’s resolution initiatives in UN human rights fora: the UNGA Third Committee and the HRC. The analysis focuses on resolution initiatives tabled by the Union, but also tackles the national initiatives of the EU Member States and the co-sponsoring of resolutions by the EU/Member States. It also explores the EU’s involvement in the Universal Periodic Review (UPR) process. Taking into account that the EU does not formally participate in the UPR, the involvement of its Member States is analysed, also from the point of view of realisation of EU human rights priorities. This section also explains the notion of light-coordination. Finally, the fifth chapter explores the EU’s FRAME Deliverable No. 5.1 iii financial contribution to UN human rights activities, in particular to the Office of the High Commissioner of Human Rights. The deliverable is supplemented by four case studies included in chapter six of the deliverable. They are related to EU’s engagement in specific thematic topics at the UN covering the areas of: economic, social and cultural rights, human rights defenders, the right to development and counterterrorism. The final chapter presents the conclusions of the research. Due to the comprehensive nature of the analysis of the various dimensions of EU-UN interaction, the report seeks not only to advance the existing knowledge on the topic, but also to create a broad base for future research. In particular, the findings of this study will constitute the background for next deliverables of this work package on the Union’s engagement with regional multilateral organisations

Brussels Meets Westphalia: The European Union and the United Nations

As ‘the world’s most successful case of multilateralism’ the European Union has demonstrated since its early beginnings a commitment to multilateralism as the preferred form of global governance. In particular, it recognized the UN as the apex of the international system, with which the EU aspires to cooperate and through which it intends to pursue its policy objectives. However, the Union’s engagement with the UN has in practice been fraught with difficulties. The EU, as a regional international organization with strong supranational features, has been faced with the challenges of multilateral diplomacy in a predominantly state-centric global institution. It has so far not only been unable to assume the aspired leadership position, but faces a general lack of effectiveness. This paper seeks to provide an overview of the legal basis for EU participation at the UN and the various forms that this participation can take. It addresses issues of EU internal coordination and external representation at the UN, takes a closer look at the practical EU-UN cooperation on the ground and highlights the ensuing challenges and opportunities. While the Lisbon reform of the EU external relations architecture has led to noticeable improvements in terms of continuity and effectiveness, considerable challenges still remain.status: publishe

The European Union in United Nations Economic Governance Fora

Despite being one of the “heavyweights” in international trade, finance and development, the European Union’s (EU) presence in the economic governance fora of the United Nations (UN) continues to be fraught with difficulties. Faced with the legal and political hurdles of multilateral diplomacy in a state-centric environment, the EU has had to deal with a lack of status and participation rights, the complexities of an internal coordination process involving 28 Member States, and the challenges of ensuring a cohesive external representation. This contribution provides a brief overview of the legal basis for EU engagement in the UN, the Union’s internal coordination process, as well as the framework governing its external representation. To highlight the patchwork of legal statuses and modes of engagement, we subsequently take a closer look at the EU’s relations with a select number of UN bodies in the area of economic governance. This allows us to illustrate the respective challenges in three scenarios: (1) UN fora where the EU and the EU Member States hold membership rights, where we look at FAO; (2) UN fora where the EU holds an observer or full participant status while its Member States have membership rights, where we look at ECOSOC, its subsidiary bodies, and UNCTAD; and (3) UN fora where the EU Member States are members but where the EU has no formal status: here we look at the World Bank.status: publishe

Universal Human Rights? Exploring Contestation and Consensus in the UN Human Rights Council

The UN Human Rights Council was established to remedy the alleged politicisation of its predecessor. Despite the institutional changes made, commentators have observed that regional and political blocs continue to steer the agenda and that the way the Council addresses human rights violations continues to be rife with selectivity and double standards. In this article we aim to identify the thematic issues which shape the political dynamics – specii cally, bloc formation and factionalism – of the Human Rights Council, focusing on the six regional and political groups that dominate its agenda. Based on the sponsorship of resolutions tabled in the Council, we observe deep fault lines – particularly between ‘Northern’ and ‘Southern’ countries – on some of the fundamental questions of international human rights law. In particular, the controversial debates around ‘third generation’ rights, racism and racial discrimination, defamation of religions, the rights of LGBTI persons and the adoption of country resolutions indicate profound controversies with regard to the identity of the duty bearers and rights holders, the universality or relativity of human rights, and the mandate of the Human Rights Council. Nevertheless, we also observe internal divisions within groups, as well as a growing number of cross-regional initiatives, which highlight the importance of a nuanced understanding of the dynamics that drive policy formation in the Human Rights Council.status: publishe

Multinational Corporations in International Law

This paper analyses the status, rights and obligations of multinational corporations (MNCs) under international law, focusing in particular on international human rights, investment, environmental and criminal law. Private companies wield increasing economic and social power, frequently rivalling the one of states. While they are thereby in a position to contribute to the economic and technological development of societies, they can also harm human rights, damage the environment, or commit crimes. Domestic law has proven to be insufficient to promote the positive effects of business by safeguarding a stable and reliable economic environment, and to curb the negative effects by ensuring accountability. Assessing MNCs in the framework of international law, this paper comes to the conclusion that, independent of whether or not MNCs have international legal personality, they enjoy considerable rights under international investment law and under international human rights law. Conversely, MNCs do not have binding obligations under international law, notwithstanding a range of initiatives, attempting to create, both, voluntary and non-voluntary instruments.nrpages: 25status: publishe

Opportunities and Challenges for South Asian Co-operation on Human Rights: A Case Study of the UN Human Rights Council

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Assessing the Contribution of the International Judiciary to the Rule of Law : Elements of a Roadmap

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International Courts as Keepers of the Rule of Law: Achievements, Challenges, and Opportunities

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