The Position of Human Rights in EU Export Controls: Examining the Coherence Between the EU Common Position on Arms Exports and the Dual-Use Goods Regulation

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Authors: Andra Primavarus
Cited by: 0

Abstract

The European Union (EU) has formally integrated human rights into its external policies, yet tensions continue to exist between these commitments and other objectives within the filed of export controls. The main export control regimes in the EU – the Dual-Use Goods Regulation and the EU Common Position on Arms Exports – both integrate human rights commitments but differ in terms of their legal bases, substantive rules and procedural mechanisms. This article examines whether these instruments ensure coherence, understood not merely as the absence of contradictions but as the mutual reinforcement of human rights considerations. Through legal analysis, this research finds that the fragmentation between the two frameworks, in combination with the wide Member State discretion, undermines a coherent EU approach. Divergences in denial obligations, the lack of common definitions and the absence of EU-level risk assessments show how institutional and procedural disparities can weaken human rights protection in practice. Ultimately, the article provides recommendations for strengthening the coherence between the two frameworks, situating these within the broader challenge of reconciling economic, security and human rights priorities within EU external action.

Fields of Study & Subjects

Economic Sanctions and International Relations European and International Law Studies International Law and Human Rights

Publication details

Journal / source
European Foreign Affairs Review
Volume
31
Issue
Issue 1
Pages
143–170
Publication date
1 February 2026
Language
EN