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Identity Matters: The Enforcement of Global Human Rights Treaties by European Union's Trade Instruments

International Economic Law and Human Rights, Ljiljana Biukovic and Pitman Potter eds., Edward Elgar Publishing, (Forthcoming)

Hebrew University of Jerusalem International Law Forum Working Series 04-16

Hebrew University of Jerusalem Legal Research Paper 16-24

31 Pages Posted: 4 May 2016 Last revised: 29 Jun 2016

Moshe Hirsch

Hebrew University of Jerusalem - Faculty of Law

Date Written: May 3, 2016

Abstract

The EU employs certain trade instruments (mainly regional trade agreements and trade preferences granted to developing countries) to promote compliance with global human rights law. The use of these trade mechanisms to enforce global human rights law is significantly motivated by the collective identity and perceived social role of the EU in the international community as a promoter of human rights worldwide. These EU identity-driven measures may also affect the identity of international actors targeted by such measures.

Economic and political dimensions of international law are often overlain with a social identity dimension. While in reality, these dimensions are inseparable, this chapter is devoted to a social identity analysis of the EU’s employment of external trade instruments to promote human rights worldwide. This analysis sheds light on the enactment of EU trade policies in this sphere, their employment, and their potential to enhance compliance with international human rights law. These EU identity-driven trade measures present both benefits and limitations, and have different effects on in-group and out-group members. A social identity analysis of EU trade and human rights policy also offers some policy recommendations which may improve the prospects of EU measures in this field.

Keywords: International economic law, international trade law, human rights, sociology, social identity, compliance, European Union

Suggested Citation

Hirsch, Moshe, Identity Matters: The Enforcement of Global Human Rights Treaties by European Union's Trade Instruments (May 3, 2016). International Economic Law and Human Rights, Ljiljana Biukovic and Pitman Potter eds., Edward Elgar Publishing, (Forthcoming); Hebrew University of Jerusalem International Law Forum Working Series 04-16; Hebrew University of Jerusalem Legal Research Paper 16-24. Available at SSRN: https://ssrn.com/abstract=2773999

Moshe Hirsch (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus, 91905
Israel

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