Fundamental Rights in the EU’s External Trade Relations: From Promotion ‘Through’ Trade Agreements to Protection ‘In’ Trade Agreements

Abstract

In the context of trade, the EU emerges as a singular global actor from a fundamental rights perspective: unlike other international actors, the EU’s external action is to be guided by interests as much as values. The Treaty of Lisbon does not erase the tension between market goals and respect of fundamental rights, it opens up the possibility for the EU to pursue fundamental rights both in and through trade. Yet for a very long time, the EU has been a global actor through trade: it has taken for granted an understanding of human rights in trade that sees them as a development issue for third countries. No more sophisticated conceptualisations have been explored, making the EU’s current approach heavily reliant on this legacy. The way fundamental rights are provided protection in the Post-Lisbon new generation EU trade agreements emerges as outdated and not fit for purpose. The aim of this paper is to urge new conceptualisations of the relationship between trade agreements and fundamental rights.