“New conditionality” in the EU’s “new generation” Agreements with Asian Countries

Andżelika Kuźnar,Jerzy Brunon Menkes

doi:10.31743/recl.12336

Andżelika Kuźnar, Jerzy Brunon Menkes

Open Access

https://doi.org/10.31743/recl.12336

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Abstract

The objective of the study is to verify the implementation, by the EU, of the treaties’ obligations to proliferate “non-trade” European values in agreements with Asian countries. The thesis of the study is that the EU with “new generation” agreements strengthens the cohesion of the western hemisphere and creates the conditions for its enlargement. An instrument supporting the strengthening and development of the western hemisphere is the policy of “change through trade” combined with the promotion of “free and fair trade”. We claim that this policy contributed to political change in the world – the expansion of international law, the principles of the UN Charter, and EU values. Influence beyond the parties to the agreements takes place, although formally the agreements only govern the relationship between the parties. This influence is the outcome of, among other things, demonstrating the implementation of the values and benefits of value-based cooperation. By agreements (FTAs, IPAs and political) with Asian countries, the network of connections among the states of the Western hemisphere is developed and the community of values reinforced. The institutionalisation of the community of values of EU-Asian countries also fosters the institutionalisation of ties among the democratic Asian countries.

Highlights

The objective of the study is to verify the implementation, by the European Union (EU), of the treaties’ obligations to proliferate “non-trade” European values in Free Trade Agreements (FTAs) and Investment Protection Agreements (IPAs) as well as political agreements with Asian countries1
The thesis of the study is that the EU with “new generation” agreements strengthens the cohesion of the western hemisphere and creates the conditions for its enlargement
We present conclusions drawn from the assessment of the policy of “conditionality” and norms, which establish this policy conducted through the prism of universal norms and values of international law

Summary

The objective of the study

The objective of the study is to verify the implementation, by the European Union (EU), of the treaties’ obligations to proliferate “non-trade” European values in Free Trade Agreements (FTAs) and Investment Protection Agreements (IPAs) as well as political agreements with Asian countries. The catalogue of values embraced by “conditionality” has been extended It was created, among others, by norms oriented to the change of internal relations in a state (party); they were norms connected to human rights and freedoms, labour rights or support for Small and Medium Enterprises, SMEs (at the “expense” of state-owned enterprises of the heavy industry). The catalogue of values included in agreements comprises: the “provisions whereby the Parties will reiterate their commitment to promote, protect and fulfil human rights and fundamental freedoms, which are universal and indivisible, as well as to promote the values of democracy, good governance, the rule of law, and the principles of non-discrimination, equality and solidarity”. Another threat from refraining from trade with “bastards25” being the allies of the West, is replacing them by authorities not respecting the values, only that they are hostile towards the West

New agreements and new recipients of “conditionality”

Parties of agreements

Conclusions