The European Union (the ‘EU’ or the Union) promotes its values in its external relations. According to Article 21(1) Treaty of Lisbon, “The Union’s action on the international scene shall be guided by the principles...: democracy, the rule of law, the universality and indivisibility of human rights (‘HR’) and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law”. Under Article 21(3) Treaty on the EU (‘TEU’), trade is clearly a part of the actions of the EU ‘on the international scene’. Notable, trade relationships must embody the values of the EU. Whereby, there is a link between trade and HR concerning respect for and promotion and protection of HR and other social values.Moreover, Article 3(5) refers to HR in EU external trade relations. Furthermore, under Article 207 Treaty on the Functioning of the European Union (‘TFEU’), the typical commercial strategy of the EU must be carried out ‘in the context of the principles and objectives of the Union’s external action’. To achieve this conclusion, the EU needs to communicate with its partners and find common ground for its values. Furthermore, relying upon Article 218(6)(a) TFEU, the European Parliament has the power to take action regarding protecting the relationship between trade and HR in external trade. Thus, it is obvious that the combination of HR in EU external trade relations is required by law, it is not just a policy choice but a constitutional requirement. Besides, the preamble of the EU Charter of Fundamental Rights (the ‘Charter’) confirms the principle of respecting HR as one of the primary goals of EU foreign policies. Thus, the EU’s actions in the area of international relations should comply with the rights and principles reflected in the Charter. Furthermore, based on Article 56 of the Charter of the United Nations*, the MSs “commit themselves to take joint and separate action to achieve … universal respect for human rights”. Furthermore, as the given issue is related to trade, it is worth discussing the relations between World Trade Organization (‘WTO’) and HR. Although the WTO rules lack a particular provision on HR, however, it points out some HR concerns in its case law and precedents indicate that the general exception occasionally permits trade-restricting measures in case of HR breaches. However, it should be stated that international HR issues have not yet been addressed by the WTO’s dispute settlement bodies, and it is not clear from the current text of the WTO rules whether or not they ensure HR protection, which makes the related legal debate even more complex. Thus, the documents above-mentioned indicate the legal basis and reveal the significant connection between HR and trade in the EU’s external trade relations. This legal basis creates HR considerations in the EU’s trade policy with third countries. The impact of this commitment is reflected in the inclusion of an “essential elements clause” (the clause) in agreements with third countries. The implication of HR in the EU’s external relations promotes respect and protection of HR, encourages its partners to eliminate inequalities in their relations with the EU, and creates standards for HR. However, this link also leads to internal debates and pressures from the side of the Member States (‘MSs’) and external conflicts with the third countries. Concerns are mainly related to the clause drafting and scope, its implementation and monitoring, and related matters, such as measures to be taken in case of violation of the clauses and collection of relevant evidence.This paper will analyse the clause in trade agreements in the EU’s external relations. Furthermore, the consequences of its particularly serious violation will be studied. Besides, MSs’ approach regarding the implication of HR and external trade and external conflicts about the clause with the third countries will be stressed. Moreover, the concerns such as the monitoring and enforcement of the clause and the impact of the clause on the agreement negotiation process and conclusion of trade agreements will be emphasized
