La politique de différenciation de l’Union européenne à l’égard des produits originaires des colonies israéliennes :quels fondements en droit international ?
| Autor: | Dubuisson, François, Poissonnier, Ghislain |
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| Jazyk: | francouzština |
| Rok vydání: | 2019 |
| Předmět: | |
| Zdroj: | Revue belge de droit international, 2018 |
| Popis: | Since 2012, the European Union has been engaged in a policy of "differentiation", consisting in distinguishing, in its relations with Israel, between production and economic activities carried out in the occupied Palestinian territories and those located in Israeli territory, below the Green Line. This policy has been the subject of legal challenges by the Israeli government or some authors, who consider that the measures adopted have an uncertain legal basis and constitute unacceptable discrimination, singling out the State of Israel. In this study, it is shown that this policy is in reality only the minimal implementation of international obligations binding the EU and its Member States. These obligations are the consequence, on the one hand, of the legal regime relating to the status of the Palestinian territories and Israeli settlements and, on the other hand, of the implementation of the trade agreements concluded with Israel. While there is some disparity in the way in which the EU's trade relations with various territories under occupation are conducted, this cannot be taken to mean that there is discrimination in the case of Israel, as the case law of the EU Court of Justice is ultimately quite consistent with the requirement that the European authorities respect the relevant rules of international law. In the end, it must be noted that the differentiation measures targeting Israeli settlement products appear insufficient in view of the requirements of international law, which would impose a greater outright ban on the import of products from Israeli settlements. info:eu-repo/semantics/published |
| Databáze: | OpenAIRE |
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