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When is foreign policy not foreign policy? Cotonou, CFSP and external relations with the developing world

Holland, Martin
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Working/Technical Paper Formato: 113323 bytes; 352 bytes; application/pdf; application/octet-stream
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Introduction: This paper attempts to discuss the EU’s external relations with the Developing World within the context of the Cotonou Agreement and the CFSP. While CFSP and Cotonou operate formally under distinct and autonomous mechanisms, it is argued here that despite this pillarisation of policy spheres and the narrow definition of EU foreign affairs, development policy forms a core element in EU foreign policy and is linked, consequently, to a broader understanding of CFSP. The paper falls into two parts: one locating the context within which EU development policy might be discussed; the other discussing the actual development policy reforms since 2000. Part one addresses a series of questions. First, the appropriate theoretical context for discussing EU development policy is debated. Second, the linkages between development policy and CFSP are examined. And third, the very basis of an EU development policy is considered in relation to the principle of subsidiarity. Part two examines the motivations behind the reform of EU development policy, discusses the central policy innovations proposed, and concludes by exploring the potential areas of future policy conflict that might arise. Undoubtedly, these are ambitious objectives in such a limited space: however...

The impact of EU enlargement on external relations, notably with the US and Russia

Noe, Willem
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Working/Technical Paper Formato: 47616 bytes; 348 bytes; application/pdf; application/octet-stream
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Conclusion: In summary, enlargement will prove a positive for bilateral relations between the US and the EU but will also make them more complicated. The US supports enlargement as next big step toward European integration and securing the gains of the post Cold War. There are also considerable economic opportunities. On the other hand, the possibility of a larger, more competitive and more assertive EU may threaten US interests. Deepening EU relations with Russia will herald an opportunity for the US to secure a more prosperous, stable Russia. Russia appears to consider enlargement an opportunity to drive a wedge between the EU and the US. All the more reason, then, for collaboration between the European Union and America to avert this possibility.; no

Autonomous defense? The role of military forces in EU external affairs

Rynning, Sten
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Working/Technical Paper Formato: 171555 bytes; 352 bytes; application/pdf; application/octet-stream
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Conclusion: The trend toward EU autonomy in defense matters may not be so ineluctable as it appeared in 1999-2000. The Kosovo war produced widespread political support for the French-British desire for a stronger European pillar, born out of frustrations with the US in the former Yugoslavia and also NATO’s inability to incite capability reform in Europe. From a convergence of state preferences followed the ESDP with a policy focused on Petersberg tasks, new institutions within the EU, and a separate force planning mechanism. However, the events of September 11, 2001 have exposed underlying tensions among European state preferences and the trajectory is likely to change, no longer moving toward autonomy but a new type of dependency. The US will offer little support for a security and defense policy that does not reinforce its new global strategy, and in this respect its revisionist stance vis-à-vis the European pillar will harden. The strategic design for European autonomy will suffer and reside mainly in a military design that French policy-makers support rhetorically or a more broadly based design for the EU as a “civilian power.” Military operations will occur in ad hoc coalitions that rely on both NATO and EU means, thus resulting in a type of institutional interdependence...

External Relations of the EU and the Member States: Competence, Mixed Agreements, International Responsibility, and Effects of International Law

CREMONA, Marise
Fonte: European University Institute Publicador: European University Institute
Tipo: Trabalho em Andamento Formato: 328664 bytes; application/pdf; digital
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The following Report will be presented to the 22nd FIDE Congress to be held in Limassol, Cyprus, 1-4 November 2006. It has been prepared in response to a questionnaire devised by the General Rapporteur, Professor Piet Eeckhout, which is reproduced as an Annex. It seeks to do two things: first, to respond to the questions and issues raised by the General Rapporteur, and second to comment on some issues and recent developments which are particularly relevant to the relationship between the European Union and its Member States in the external relations field. These include the obligation on Member States when exercising their own external competence to comply with their Community law obligations, including procedural obligations; issues relating to choice of legal base for external action, and in particular the impact of the pillar structure when characterising EU external action; international responsibility under mixed agreements; and the relationship between international law and EU law.

The External Dimension of the Acquis Communautaire

PETROV, Roman
Fonte: European University Institute Publicador: European University Institute
Tipo: Trabalho em Andamento Formato: 258436 bytes; application/pdf; digital
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The aim of this article is to study the concept of the acquis communautaire in the domain of EU external relations. It is argued that the acquis communautaire varies according to the specific aims of its internal and external applications. The main objective of the acquis communautaire in its internal dimension is to enable the consistent development of the EU while preserving EC/EU patrimony by Member States. The objective of the acquis communautaire application in its external dimension is to push third countries to the forefront of the acquired level of economic, political and legal cooperation achieved by the EU. It is argued that the acquis communautaire is applied consistently in its external dimension, but mirrors the specific objectives of each new application. In order to comprehend the full scope of the application of the acquis communautaire, one must take into consideration both the general objectives of EU external policy towards third countries.

The Very British Worldview of Chris Patten, External Relations Commissioner 1999-2004

MCCOURT, David
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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This paper examines the worldview of Chris Patten, EU Commissioner for External Relations between September 1999 and 2004. It forms part of a collective project designed to offer insights into the ‘operational codes’ EU foreign policy-makers bring to bear on their engagement with their external environment (Vennesson: 2006). Following a brief biographical note on Patten himself, the paper seeks to develop the ‘philosophical’ and ‘instrumental’ elements of his worldview, broadly following the outline provided by George (1969). It finds that Patten holds a coherent worldview that is richly practical and political, and is informed by an historical understanding of the international sphere. It is a worldview, moreover, that is strikingly ‘British’ in important respects. Although his worldview has points of correlation to mainstream theories of international relations, a more useful comparison is deemed to be with the less well-known ‘English School’ or ‘international society’ approach. Despite an appreciation of a number of changes evident in the international system due to globalization and increased interdependence, Patten’s faith in the ability of overcoming political problems rests with nation-states, and the liberal institutions of global governance created in the aftermath of the Second World War. The final part of the paper discusses Patten’s views on the EU in world politics in light of his worldview. It finds that he holds an important...

Security Aspects in EU External Policies

Fonte: European University Institute Publicador: European University Institute
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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This working paper explores issues of security integration in a number of external policies of the European Union (EU), and looks at both security policies per se and the security rationale contained in other policy contexts. Following a twin-track approach of presenting both a legal and a political assessment respectively, the contributions have been clustered around three themes: energy security and the EU’s relations with neighbouring states, the EU’s targeted sanctions policy, and security sector reform pursued by the EU in third countries. The first contribution on energy security seeks to clarify the EU’s energy dependency on Russia as a security concern and assesses the EU’s response, in particular the Energy Charter Treaty, to Russia’s strategic use of its new energy monopoly. The second paper focuses on the countries of the European Neighbourhood Policy (ENP) and analyses a number of critiques with respect to energy policy in the context of the ENP. Within the targeted sanctions theme, one contribution discusses the legal complexities with respect to their adoption and implementation in the EU’s multilevel structure, whereas the other looks more broadly at their rationale and highlights a number of problems related to their strategic use by the EU and the UN. On the last theme...

Improving the EU Immigration System: Reflections in the Light of the Return Directive

OLMOS GIUPPONI, Maria Belen
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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This paper focuses on the current state of EU immigration legislation and aims to provide a critical analysis and suggestions for improvement in the future. Over the past ten years, EU Summits have emphasized the need for the adoption of new legislative measures in order to converge to a true European common policy on immigration. Nowadays, the mainstream debate on immigration in Europe focuses on several different topics. On the one hand, there is the need to secure the borders and control undocumented immigration, while on the other hand there is the question of the protection of migrants’ human rights and the improvement of the EU immigration system. There is also a third element, which concerns the EU relations with the immigrants’ countries of origin. I intend to examine the new return Directive in the light of EU law and of international human rights law. This Directive sets out the rules and principles to be applied by Member States in cases of illegal immigration, and the measures to be taken by the EU Members. The Directive covers different areas and it applies to third country nationals who do not fulfil, or no longer fulfil, conditions of entry in accordance with EU legislation. In addition, the paper will discuss whether it is possible for the EU to adopt a policy to contribute to the local development of the countries of origin. Within this framework...

A paradigm for coherence in EU external relations law : the European neighbourhood policy

VAN VOOREN, Bart
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
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Coherence is a powerful rhetorical device that is prevalent throughout decades of EU external relations discourse and practice. There is intuitiveness to coherence, an implied sense of ‘good fit’ between the different elements of an all-encompassing system. Yet, any attempt to concretize coherence will open up a plethora of context-specific legal and political questions. The European Neighbourhood Policy (ENP) is a recent example of an external policy drawn up explicitly with the objective of achieving coherence across different EU and Member State external policies. Positioning the ENP in the legalhistorical context of political Union, this thesis first argues why coherence is an issue at all in EU external relations, and why law is integral to attaining the ever-enigmatic single voice of the European Union. Subsequently, the text examines the role of EU external relations law in attaining a coherent neighbourhood policy. It is argued that the innovative nature of the ENP for coherence lies beyond the narrowly defined legal sphere, but stems mostly from its hybrid composition of hard legal, soft legal and nonlegal policy instruments. It is concluded that from a purely EU-internal and institutional perspective, this approach was reasonably successful in involving different actors towards common objectives in the neighbourhood. However...

EU External Relations Law and the European Neighbourhood Policy: A paradigm for coherence

VAN VOOREN, Bart
Fonte: Routledge Publicador: Routledge
Tipo: Livro
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The European Neighbourhood Policy (ENP) is a recent example of an external EU policy drawn up explicitly with the objective of achieving coherence in the external policies of the EU and its Member States. Positioning the ENP in the legal-historical context of political union, this book explains why coherence has become a substantive issue in EU external relations, and why law is integral to attaining the ever-enigmatic single voice of the European Union. The text examines the role of EU external relations law in attaining a coherent neighbourhood policy and goes on to undertake an in depth analysis of the ENP, arguing that the innovative nature of the ENP in regard to coherence lies beyond the narrowly defined legal sphere, and stems primarily from its hybrid composition of hard legal, soft legal and non-legal policy instruments. Adopting an interdisciplinary approach by integrating elements of law, history and political science, EU External Relations Law and the European Neighbourhood Policy is unique in its approach to the subject. This book will be of particular interest to academics and students of EU Law, Political Science, History and International Relations as well as to practitioners engaged in the process of drafting coherent external policy.; 1. A Legal History of Fragmentation and Coherence in EU External Action 2. A Theoretical Framework for Coherence in EU External Relations Law and Policy 3. Coherence of EU and Member State External Action: Duty of Loyalty 4. Coherence Across Divided Union Competences in the TEU & TFEU 5. Coherence and Soft Law in EU External Relations: ENP as a Paradigm 6. Coherence as Policy Synergy in the ENP 7. Conclusion: The ENP...

Cohérence et action extérieure de l’Union européenne

HILLION, Christophe
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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This paper examines the possible contribution of the Treaty of Lisbon to improve the coherence of EU external relations. In particular, it discusses the transformation of the consistency requirement into a structural principle of the EU legal order, and critically assesses related innovations brought about by the new Treaty: e.g. the streamlining of EU external objectives, the rationalisation of the Union’s institutional framework, and the generalisation of the principle of sincere cooperation.

EU preferential trade agreements : commerce, foreign policy and development aspects

Fonte: European University Institute Publicador: European University Institute
Tipo: Livro Formato: application/pdf; digital
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This e-book compiles the written contributions prepared by the speakers of an EUI conference titled ‘Global Europe: The New Generation of EU Preferential Trade Agreements’. The conference took place on May 14-15, 2012, on the EUI premises in San Domenico di Fiesole. It was organized by the EUI Working Group on EU External Relations Law, under the auspices of Professor Marise Cremona and Professor Petros Mavroidis, with generous support provided by the EUI’s Global Governance Programme and the Academy of European Law. The e-book is divided into four parts. In the introductory part, David Kleimann provides a perspective on the European Commission’s efforts to implement the ‘Global Europe’ strategy and outlines the domestic and external challenges that EU leaders face in this process. Part II is devoted to crosscutting issues that generally apply to contemporary PTAs. Against the background of the most recent wave of regional and inter-regional economic integration, Petros Mavroidis argues that the relevance of the WTO for international trade liberalization and rule making is fading. Patrick Messerlin, secondly, considers the various domestic motives for the negotiation of PTAs and identifies the actors that play important roles in the political economy processes associated with the negotiation and conclusion of PTAs. Jean-Pierre Chauffour and David Kleimann...

EU-China security cooperation in context

KIRCHNER, Emil J.; CHRISTIANSEN, Thomas; DORUSSEN, Han
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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The paper has two main aims. First it seeks to explore whether security cooperation between the EU and China is taking place, and if so, whether it is evenly spread across a number of security dimensions. Second it intends to investigate the underlying motives or drivers that either facilitate or inhibit EU-China security cooperation. Further, it will explain why the EU rather than EU member states is chosen as the unit of analysis, explore the development of EU-China security relations, and illustrate how historical legacies, identity aspects and differences over key issues, such as sovereignty and territorial integrity, affect EU-China security relations. In addition, it will deal with the theoretical and conceptual underpinnings of the study on EU-China security relations, paying particular emphasis to the concepts of diffusion and convergence. Whether or not EU-China security cooperation converges in one of the ten chosen security dimensions will be assessed by the degree of policy conformity the EU and China are able (or unable) to obtain with regard to threat perceptions and policy response thereto. Attention will be devoted to diffusion factors which can affect changes in the perception of threats and response thereof. Among these factors are changes in (geo-political) structure...

Protecting (unrepresented) EU citizens in third countries : the intertwining roles of the EU and its Member States

MORARU, Madalina Bianca
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado Formato: application/pdf; digital
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This thesis explores the development of European Union’s model of protecting its citizens in the world, demonstrating it to be a unique and complex mixture of EU internal and external policies and instruments that is unlike any other international, regional, or domestic model of protecting individuals abroad. The thesis will critically assess the three main stages of development of the EU model until the present day. The first stage started in 1993, when the Maastricht Treaty introduced an EU citizenship right to equal protection abroad and this continued for the following decade. It will be shown that during this period the EU model of protecting the Union citizens abroad consisted of a purely horizontal form of cooperation among the Member States that materialised in a sui generis type of international agreement that has restricted the efficiency of the EU citizenship right, due to the Member States’ reluctance to lose their State prerogatives in favour of the EU. The second stage of development started in 2004 when a number of international disasters affecting EU citizens in third countries led the Member States to accept cooperation with EU institutions and external policy instruments for the purpose of complementing their capacity to secure the effective protection of unrepresented Union citizens abroad. The third stage started with the entry into force of the Lisbon Treaty...

Developments in EU External Relations Law

Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Livro
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External relations is currently among the most dynamic areas of EU law, its institutional structures profoundly affected by the Lisbon Treaty. This volume gathers leading analysts to assess core recent developments in the field, taking stock of the current law and potential developments in major policy areas. The volume opens with an assessment of a central concept at the heart of EU external relations, underpinning its international identity. Christophe Hillion analyses the legal principles which ensure coherence between different strands of the EU's external activity, and the contribution of law to the consistency of the EU's international presence. Frank Hoffmeister turns the focus outwards to the interaction between the EU and the international legal order - the legal basis for the EU's activity in shaping international law and the EU's contribution to 'state practice'. These opening chapters develop a picture of the EU's active international participation as well as the characteristic structural complexity of its external relations, and against this background the remainder of the book examines key policy areas of EU external action. Lorand Bartels analyses the relationship between trade policy and development; Markus Krajewski discusses trade in services and the link between external and internal policy issues; and Nathalie Tocci assesses the EU's contribution to conflict resolution...

Guiding the exercise of union's administrative power in the EU wider neighbourhood : the rule of law from paper to operationalisation

VIANELLO, Ilaria
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
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The purpose of this paper is to establish that the Union is under an obligation to respect the rule of law when it acts externally, and second, to map out the outline of a research agenda on what exactly the rule of law might mean when operationalised in one field of EU external relations characterised by a wide variety of administrative activities i.e. the EU wider neighbourhood (Stabilisation and Association Process and European Neighbourhood Policy). Furthermore, the paper – throughout its development – will try to highlight that the power exercised by the administration in these two policies is significant and often carried out in an unregulated manner; thus the need to research the operationalisation of the rule of law in guiding the Union’s administrative power in these two policies. The paper will proceed as follows. First, it will analyse the obligation to respect the rule of law when the Union acts externally. Secondly, it will provide the reader with a very brief definition of what it means to respect the rule of law in the EU internal legal order. Thirdly, it will explain the choice of the case study. Finally, by using as a starting point the meaning of the rule of law internally the paper will attempt to provide a preliminary operationalisation of what it means to respect the rule of law when the Union develops and implements its action in the wider neighbourhood.

Environmental Integration in the EU's External Relations: Beyond multilateral dimensions

MARIN DURAN, Gracia; MORGERA, Elisa
Fonte: Hart Publicador: Hart
Tipo: Livro
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This book is the product of a long journey of reflection, which the authors planned as doctoral students at the European University Institute (EUI) in Florence in 2006 and finally completed at the Edinburgh University School of Law in June 2011.; The book examines the integration of environmental protection requirements into EU external relations focusing on unilateral, bilateral and inter-regional instruments, which have been less explored than the multilateral dimension of EU environmental policy. The book also explores for the first time the complex interplay and mutual influences between EU environmental integration initiatives and environmental multilateralism. On the one hand it identifies the legal and other instruments used by the EU to support the implementation of multilateral environmental agreements in third countries (particularly developing ones). On the other hand, it singles out the legal and other tools employed by the EU as a means to build partnerships with third countries in order to influence ongoing multilateral negotiations concerning the environment and sustainable development, or to contribute to the development of new international environmental norms in the absence of such multilateral negotiations. Ultimately...

The European Court of Justice and external relations law : constitutional challenges

Fonte: Hart Publishing Publicador: Hart Publishing
Tipo: Livro
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This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of EU external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court’s judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU’s constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU’s common foreign and security policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court’s influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States...

Competence creep via the duty of loyalty? : article 4 (3) TEU and its changing role in EU external relations

REUTER, Kristin
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
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Examining Board: Professor Marise Cremona, European University Institute (Supervisor) Professor Bruno De Witte, European University Institute Professor Sara Poli, Università di Pisa Dr Anne Thies, University of Reading.; Defence date: 5 September 2013; With the growing awareness in EU external relations that the existence of Member States' competence does not necessarily allow them to freely exercise such competence, the duty of sincere cooperation laid down in Article 4 (3) TEU is increasingly becoming the focus of academic attention. In light of the vast potential of the duty to encroach on Member State prerogatives, in combination with a number of striking developments in the Court's case law in the field of external relations, particularly in recent years, the question arises whether Article 4 (3) TEU is slowly turning into an instrument for the Union institutions to achieve a loss of national competence, disguised as restrictions on the Member States' freedom to exercise their powers. This thesis investigates which role Article 4 (3) TEU has really played in governing the relationship between the EU and the Member States in external relations. It sets out to answer the positive question of which concept of federalism dominates the exercise of external powers. Building on this foundation...

Framework for Economic Development in EU External Relations

Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
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This Working Paper is a collection of contributions presented during the Workshop "Framework for Economic Development in EU External Relations on 22nd and 23rd January 2010. The contributions explore various facets of what is known as economic development and what with time has incorporated many new aspects and developed links with other policy fields. Starting off with the traditional realm of the development policies – trade – the paper shifts to explore how the solely economic notion of development has been enhanced through the introduction of the concept of sustainable development, and how this concept was integrated into two policy areas – that of migration and human rights. Each of the contributors provides an in-depth analysis of a respective facet which build up a very complex picture of what economic development in EU external relations has become.; INTRODUCTION PART 1: ECONOMIC ASPECTS OF DEVELOPMENT EU Preferential Rules of Origin Regimes in FTAS with Developing Countries: Differential treatment and the limits of regional harmonisation Does the EUI Competition Law Model Satisfy the Needs of the Emerging Economies? Lessons from the countries without a "carrot" PART 2: SUSTAINABLE DEVELOPMENT Sustainable Development and the EU: The concept of sustainable development in the Cariforum EPA External Dimension of Sustainable Development and its Impact on EU-MERCOSUR Relations PART 3: DEVELOPMENT AND MIGRATION Shifting Perspective on the Migration and Development Nexus in the EU: From the migration management approach to the development paradigm of mobility? A Critical Appraisal of the EU's Global Approach to Migration (GAM): A useful policy-making instrument in the EU-MENA context? PART 4: DEVELOPMENT AND HUMAN RIGHTS EU Approach to Human Rights and Development Nexus– Imitating or innovating the international approach