“Case of Western Sahara” – influence of case-law of judiciary institutions of European Union on the development of human rights impact assessments in the EU’s trade policy

Abstract

Article presents the problem of applying human rights impact assessments by the EU institutions in the trade relations with the third countries and influence of case-law of judiciary institutions of European Union on the development of said instrument. For that purpose instrument of human rights impact assessments was presented along with the good practices regarding normative scope of assessments and desired methodology. Practical analysis of the instrument’s application were exemplified by the description of the EU-Morocco trade agreements influence on human rights of the people of Western Sahara. For that purpose author elaborates on the landmark case-law of the ECJ and EU GC in case of Front Polisario and examines the documents issued in the process of negotiation of the new trade deal within the EU and the Kingdom of Morocco.

Keywords

• human rights
• EU law
• extraterritorial HR protection
• Western Sahara
• Front Polisario
• international law