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
Exploiting Natural Resources in Occupied Territories – the Conjunction between Jus in Bello, Jus ad Bellum and International Human Rights Law
Ka Lok Yip
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.
Some State Practice Regarding Trade With Occupied Territories: From the GATT to Today
The EU's trade relations with northern Cyprus obligations and limits under public international and EU law
EU LABELLING PRACTICES FOR PRODUCTS IMPORTED FROM DISPUTED TERRITORIES
The EU’s Economic Engagement with Western Sahara: the Front Polisario and Western Sahara Campaign UK cases
Western Sahara, the European Commission and the Politics of International Legal Argument
Business Actors in Western Sahara: Heightened Obligations and Responsibilities under the UNGP?
Offside? Challenging the Transnational Legality of Israeli Football Activities in the Occupied Palestinian Territories
Investment tribunals adjudicating claims relating to occupied territories – curse or blessing?
The growing integration of the world economy and resulting increases in cross-border economic exchanges has been accompanied by the rapid growth of law and regulation governing these interactions. This series presents cutting-edge research in international economic law, offering fresh perspectives on what is a fast developing field.
The series surveys the key areas of international economic law: international trade law; international investment law; international financial regulation and monetary law; and related aspects of intellectual property law. Linkages with other international legal regimes are explored such as environmental law, human rights, and public health, highlighting areas where tensions may occur between economic liberalisation, sovereignty and other concerns. Books will investigate the theory, policy and practice of international economic law from a broad range of approaches allowing for innovative and scholarly assessments of the international economic legal order.