ipl-logo

Non-Execution Clause

720 Words3 Pages

National sovereignty versus legislative powers of the EU
What is also noteworthy is that national and cultural sovereignty with the contracting country prevails for the importance of protecting human rights. Obviously, countries do not appreciate that pressure to comply with these clauses is coming through external relations. In other words, that such a dominant figure like the EU, is making itself capable of putting pressure on domestic authorities to revise its legal order or change it. And with that said, it is obvious that the EU is in need of a stricter policy which will lead to more compliance and fluentness. In connection with the notion of national and cultural sovereignty, legislative powers of the EU are closely related. Does the …show more content…

Coercive measures seem not be used.
In several agreements there also exists the so called, last clause. The last clause is most often called the non-execution clause. This means that it is allowed to take appropriate measures (for example suspending the agreement) if there is a breach on behalf of either party to that specific agreement.
It seems as if the EU does not react if there are mere (not major) human rights violations is countries, only if there are grave and massive human rights violations. That undermines the conditionality policy substantially. How is it possible to apply such a policy when the effectiveness of conditionality provisions is so poor? This question can be answered in the following way. The EU is not a human rights supranational body on an international level and it has no superior powers to regulate and control domestic matters in third countries. This is especially related to the fact that human rights, as will be noted several times in this paper, are often not effective. In contrast, if there are is a political crisis in the country the EU makes arrangements with more progress. Hence, even though it is not successful in its measures against countries which violate human rights standards, EU still has a duty to respond. It is obliged to, both under international law and under EU law, not to be a part of any violations of human rights or democratic principles in third

Show More
Related

Articles Of Confederation Dbq Essay

416 Words | 2 Pages

According to article 2, “Each state retains its sovereignty [ the ability to make one’s own laws and govern oneself], freedom and independence, and every power, jurisdiction and right”(740), this article gives the state’s power to create any law of their own and ignore any other laws the central government

Read More

Unit 3 P4: Discuss Charge Or Encumbrance

76 Words | 1 Pages

implies a term that the goods are free from any undisclosed charge or encumbrance. This applies where for example goods which are still subject to hp terms have been sold without telling the purchaser of the hp agreement or where any other debt has been secured on the goods. This term is only a warranty so whilst the purchaser can claim for any loss caused by the charge or encumbrance they can not end the contract.

Read More

Material Breach Case Study

522 Words | 3 Pages

3.1. Termination with Cure. This Agreement may be terminated by either party upon thirty (30) days written notice, if the other party commits Material Breach, as defined for each party in Sections 3.1(a) and 3.1(b), or fails to perform or comply with any of the material terms, covenants, or conditions of this Agreement, and such failure is not cured within such thirty (30) days notification period. There will be no termination fee allowed for entire Section 3.1.

Read More

The National Labor Relations Act: The Wagner Act Of 1935

697 Words | 3 Pages

The last provision was refusing to collectively bargain with the representatives of any employer’s

Read More

Due Process Clause And Vagueness

307 Words | 2 Pages

The relationship between “vagueness” and the due process clause is that the vagueness doctrine is rooted in the due process clauses of both the Fifth and fourteenth Amendments. More specifically, fair notice must be given in relation to what is punishable and what is not, the vagueness doctrine also aids in the prevention of subjective enforcement of the laws ("Vagueness doctrine", n.d.). If there is a constitutional issue in terms vagueness then the void of vagueness doctrine refers to the wording associated with certain statutes that are challenged based on their lack of indistinguishable significance. Simply meaning, certain wording may be unclear and/or indefinite in statues of what exactly may be criminal behavior. In the case of Papachristou

Read More

Examples Of Ethos In The Declaration Of Independence

432 Words | 2 Pages

By saying this, the authors show they have tried to set agreed terms with

Read More

Guilt In African American

949 Words | 4 Pages

You create a relationship founded on coercion. The people you guilted into a decision may give you what you want, but they have very little respect for how you achieved what you got. And the more this practice is on display the greater the gulf between the relationship

Read More

Does Ordinary Legislative Procedure Have An Equal Power To The Council?

845 Words | 4 Pages

Introduction: To better understand the Ordinary Legislative Procedure is good to know that it’s a process of making policies , and what occur on one step has an impact on what happens at the next step. Either by opening up new possibilities or by limiting the scope for action. Ordinary Legislative Procedure is a complex process, but has advantage that involves many actors in policy making. Problematic Question answer through Presentation / 1) Does parliament as a legislator institution has an equal power to the Council? 2)

Read More

Essay On Extraterritorial Jurisdiction

889 Words | 4 Pages

To govern oneself as one wished is an attribute of independence. A sovereign state may not be disturbed by another state unless it has given the right to intervene. When a state attaches legal consequences to conduct in another state, it exercises control over that conduct, and when such control affects essential interests in the foreign state, it may constitute an interference with the sovereign rights of that foreign

Read More

The Pros And Cons Of Economic Sanctions

689 Words | 3 Pages

This dilemma places the sanctioning country in a precarious position of deciding between pushing their national agenda to violate human rights by depriving the target country of the means to do so, or do they withdraw their economic ‘power’ to ensure the humanity of the civilians in the target country? Another reason sanctions are not as effective as leaders hope they are is because the target country 8 can utilize backchannels in the black market or encourage other nations to subvert their agreements to ensure their needs are met. This degrades the global order because it increases illegal activities and additional violations of international law rather than effectively deterring it through the sanction. Even worse is the harmful effects sanctions can have on the sanctioning country’s own economy in the form of increasing unemployment and impeding domestic markets. If trade is cut off, industries will undoubtedly suffer as a result.

Read More

Exit Consents: What´s Exit Consent?

354 Words | 2 Pages

for example, obtaining an “exit consent” with those bondholders who agree to sell their bonds as this may, in certain circumstances, be found to be an abuse of power of the majority bondholders. Thought should also be given to the timing and mechanics of voting on such amendments to ensure that the actual vote by the exiting bondholders to change the terms of the bonds does not take place after they have been effectively disenfranchised by the issuer’s earlier acceptance of their offer to sell their bonds. Exit consents may still be used as a restructuring tool, provided that they are used in a way that is not unacceptably coercive of the minority and it is important for the issuer to delay its acceptance of the bondholders’ offer to sell

Read More

Advantages And Disadvantages Of Regional Integration

1287 Words | 6 Pages

EU is by far the ‘ most advanced and developed project of regional integration in the world’. It has various competent institutions and over half a century of integrative struggles among its growing number of members which initially was six and then it has increased to twenty eight, it has achieved a number of economic, political, financial and peace keeping objectives. The Single European Act (SEA) in 1986 was prominently important as it created a single market without frontier for free movements of goods, peoples, services and capital with the enforcement of article 47 of the Treaty on European Union (TEU). EU has acquired legal personality with an independent entity in its own right.

Read More

19th Century European Identity

756 Words | 4 Pages

These ordeals have involved the damage of Europe’s unity and its external. When Germany was reunited and the Cold War was at its end, Europe’s integration became one of the main goals of the actors of Europe, which has been achieved by creating the Single Market and the European Union. Then, Europe’s identity issues became one of its priority problems to solve. No politicians were willing to make Europe a federal state, because their focus was essentially economic, and thought that by working on an economic integration, cultural integration and unification would appear. However, these spill over effects never really became an existing reality.

Read More

The Pros And Cons Of The European Union

778 Words | 4 Pages

After WWII the European nations had many problems; they didn’t have any official peace treaties, and their suffering economies made them more susceptible to war. In order to prevent war and the spread of communism, they created the EU which united the European nations in a powerful democracy, which countries must have a stable democracy, a strong economy, and protection in order to join. Laws in the EU are created by a legislature made up of three groups of a leader of a small country and the leader of a big country each body has a president. However the laws aren’t enforced by military or police forces, but there is a Court of Justice that upholds the laws. Today there is a debate of whether or not the EU is worth it.

Read More

Cause Of Statelessness Essay

1652 Words | 7 Pages

Sixty years ago the Universal Declaration of Human Rights confirmed the right of everyone to a nationality. Two supplementary transnational instruments have since been promulgated to enhance protection and reduce statelessness: the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. Their still too limited ratification is a source of concern, stemming in part as it does from a lack of understanding as to the extent of the problem and the severity of the consequences. Moreover, even where these issues may be appreciated, there are still the sovereignty concerns to overcome. Specifically, it is intended to assist States, UNHCR and partners to better understand the causes of statelessness, the consequences and the protection

Read More

More about Non-Execution Clause

Related Topics

Open Document