1st Edition

The Legality of Economic Activities in Occupied Territories International, EU Law and Business and Human Rights Perspectives

Edited By Antoine Duval, Eva Kassoti Copyright 2020
    270 Pages
    by Routledge

    270 Pages
    by Routledge

    This edited volume explores the question of the lawfulness under international law of economic activities in occupied territories from the perspectives of international law, EU law, and business and human rights.

    Providing a multi-level overview of relevant practices, policies and cases, the book is divided in three parts, each dealing with how different legal fields have come to grips with the challenges brought about by the question of the lawfulness under international law of economic activities in occupied territories. The first part includes contributions pertaining to the international law dimension of the question. It contains chapters on the conjunction between jus in bello, jus ad bellum and international human rights law in the context of exploitation of natural resources in territories under belligerent occupation; on third party obligations flowing from the application of occupation law in relation to natural resources exploitation; and on State practice with regards to trading with occupied territories. The second part focuses on EU law and contains contributions that assess the EU’s approach to occupied territories and the extent to which this approach comports with the EU’s obligations under international law; contributions providing an in-depth assessment of the case-law of the CJEU on occupied territories; as well as contributions pertaining to the political considerations that may influence the legal framing of questions pertaining to occupied territories. The final part focuses on the business and human rights perspective, with chapters on investment arbitration as a means for holding the occupant accountable for its conduct towards foreign investments and investors; on the role and impact of the soft law framework governing corporate activity (such as the UN Guiding Principles) on business involvement with occupied territories; as well as a final case study on the dispute involving Israeli football activity in settlements located in the OPT and the legal responsibility of FIFA in this regard.

    The book will appeal to academics, practitioners and policy-makers alike.

    Table of Contents

    List of Contributors



    Chapter one

    Exploiting Natural Resources in Occupied Territories – the Conjunction between Jus in Bello, Jus ad Bellum and International Human Rights Law

    Ka Lok Yip

    Chapter Two

    EU Trade Relations with Occupied Territories: Third Party Obligations Flowing from the Application of Occupation Law in Relation to Natural Resources Exploitation

    Rutger Fransen and Cedric Ryngaert.

    Chapter Three

    Some State Practice Regarding Trade With Occupied Territories: From the GATT to Today

    Eugene Kontorovich

    Chapter four

    The EU's trade relations with northern Cyprus obligations and limits under public international and EU law

    Nikolas Kyriacou


    Chapter Five




    Chapter six

    The EU’s Economic Engagement with Western Sahara: the Front Polisario and Western Sahara Campaign UK cases

    Jed Odermatt


    Chapter Seven

    Western Sahara, the European Commission and the Politics of International Legal Argument

    Pål Wrange

    Chapter eight

    Business Actors in Western Sahara: Heightened Obligations and Responsibilities under the UNGP?

    Daria Davitti

    Chapter nine

    Offside? Challenging the Transnational Legality of Israeli Football Activities in the Occupied Palestinian Territories

    Antoine Duval

    Chapter ten

    Investment tribunals adjudicating claims relating to occupied territories – curse or blessing?

    Sebastian Wuschka


    Antoine Duval is a Senior Researcher in International and European Law at the Asser Institute, The Netherlands

    Eva Kassoti is a Senior Researcher in International and European Law as well as the academic co-ordinator of the Centre for the Law of EU External Relations (CLEER), at the Asser Institute, The Netherlands