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More than Kin and Less than Kind: The Status of Occupied Territories under the European Union’s Bilateral Trade Agreemen

Working Paper 97/2011 by Eyal Rubinson

The Paper argued that the EU political and judicial approach with respect to goods exported by Israel from the West Bank is inconsistent with the EU’s own practice in the context of Western Sahara, and that such inconsistency erodes the credibility of the EU as a normative power.

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After outlining the historical aspects of the EU’s relations with both the State of Israel and the Kingdom of Morocco, the paper examined the EU’s economic cooperation agreement with both the former and the latter in light of its involvement in each one’s conflict resolution attempts. First, the paper analyzed the judicial solution offered by the ECJ in the ‘Brita’ case, with respect to the contested issues pertaining to the legal status of Israel’ exports from the West Bank.

The paper advanced the argument that although the judgment’s ‘bottom line’ may be considered as correct in legal terms, its reasoning is slender and leaves much to be desired. A careful examination revealed that the ECJ’s and AG’s reliance on international law was in places pursued in an ill-founded (AG Bot) and one-dimensional, incomplete and selective manner (the ECJ). Second, after examining the EU’s position in the ‘Brita’ case, the paper outlined the EU’s treatment of Western Saharan goods, and found it to be opposed to the EU position adopted in relation to Israel and the West Bank.

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