[PDF] The Legality Of Economic Activities In Occupied Territories eBook

Author : Antoine Duval
Publisher : Routledge
Page : 219 pages
File Size : 19,79 MB
Release : 2020-06-09
Category : Law
ISBN : 1000088731

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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.

Author : Eyal Benvenisti
Publisher : OUP Oxford
Page : 416 pages
File Size : 43,97 MB
Release : 2012-02-23
Category : Law
ISBN : 0191639575

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The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.

Author : Human Rights Watch (Organization)
Publisher :
Page : pages
File Size : 36,75 MB
Release : 2016
Category : Arab-Israeli conflict
ISBN :

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"This report documents how settlement businesses facilitate the growth and operations of settlements. These businesses depend on and contribute to the Israeli authorities' unlawful confiscation of Palestinian land and other resources. They also benefit from these violations, as well as Israel's discriminatory policies that provide privileges to settlements at the expense of Palestinians, such as access to land and water, government subsidies, and permits for developing land"--Publisher's description.

Author : Eva Kassoti
Publisher :
Page : 58 pages
File Size : 27,53 MB
Release : 2018
Category :
ISBN :

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The paper examines the legality under international law of the EU's trade agreements covering occupied territories by focusing on two case-studies: Palestine and Western Sahara. Two main questions will be examined: first, is the EU's practice in conformity with its obligations under international law? Secondly, has the EU adopted a consistent approach when it comes to trade agreements covering occupied territories? It will be shown that, in some cases, the EU has fallen foul of international law and more particularly of the obligation to promote the right to self-determination and of the corollary obligations of non-recognition and of the obligation not to render aid and assistance in the commission of an unlawful act. Moreover, it will be shown that the EU has adopted a largely inconstant approach in its economic dealings with the occupied territories in question (and more particularly when it comes to the labelling of products originating from the territories in question) - something that severely undermines the international credibility and legitimacy of its external action. Overall, this contribution argues that there is a growing gap between EU identity rhetoric as a promoter of global fundamental values and international law on the one hand and realpolitik on the other.

Author : Mark B. Taylor
Publisher : Cambridge University Press
Page : 329 pages
File Size : 45,33 MB
Release : 2021-07-15
Category : Law
ISBN : 1108483704

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This book describes how international law regulates the problems that arise where economic activity meets violent conflict.

Author : Eliav Lieblich
Publisher : Oxford University Press
Page : 273 pages
File Size : 33,93 MB
Release : 2022-12-01
Category : Law
ISBN : 0192605208

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The international law of occupation is the body of law, under international humanitarian law, that regulates the actions of states that gain effective control over territory during armed conflict. This body of law seeks to balance between several interests, which are often in tension with one another. Its most fundamental principle is that occupation does not confer sovereignty, and that the powers of the occupant are limited to that of a temporary trustee. What empowers the occupant to maintain public order and safety, including that of its own forces? How are the rights of the absent sovereign protected, as well as the right to self-determination, and the individual rights of the local population? In this new volume of the Elements of International Law series, Eyal Benvenisti and Eliav Lieblich seek to provide an entry point to the topic by elaborating on general principles and key rules. The book explores the tensions and dilemmas which characterize the modern law of occupation, while highlighting, when needed, interpretations which best conform with the law's object and purpose. All in all, this book aims to guide relevant actors - whether states, academics, NGOs, or individuals under occupation - when seeking to assess or to challenge state actions in occupied territories.

Author : Toufic Haddad
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 43,74 MB
Release : 2016-07-28
Category : History
ISBN : 1786730979

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Since the 1993 Oslo Accords, the Occupied Palestinian Territory has been the subject of extensive international peacebuilding and statebuilding efforts coordinated by Western donor states and international finance institutions. Despite their failure to yield peace or Palestinian statehood, the role of these organisations in the Israeli-Palestinian conflict is generally overlooked owing to their depiction as tertiary actors engaged in technical missions. In Palestine Ltd., Toufic Haddad explores how neoliberal frameworks have shaped and informed the common understandings of international, Israeli and Palestinian interactions throughout the Oslo peace process. Drawing upon more than 20 years of policy literature, field-based interviews and recently declassified or leaked documents, he details how these frameworks have led to struggles over influencing Palestinian political and economic behaviour, and attempts to mould the class character of Palestinian society and its leadership. A dystopian vision of Palestine emerges as the by-product of this complex asymmetrical interaction, where nationalism, neo-colonialism and `disaster capitalism' both intersect and diverge. This book is essential for students and scholars interested in Middle East Studies, Arab-Israeli politics and international development.

Author : Eliav Lieblich
Publisher : Oxford University Press
Page : 273 pages
File Size : 22,95 MB
Release : 2022-12
Category : Military occupation
ISBN : 0198861036

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The international law of occupation is the body of law, under international humanitarian law, that regulates the actions of states that gain effective control over territory during armed conflict. This body of law seeks to balance between several interests, which are often in tension with one another. Its most fundamental principle is that occupation does not confer sovereignty, and that the powers of the occupant are limited to that of a temporary trustee. What empowers the occupant to maintain public order and safety, including that of its own forces? How are the rights of the absent sovereign protected, as well as the right to self-determination, and the individual rights of the local population? In this new volume of the Elements of International Law series, Eyal Benvenisti and Eliav Lieblich seek to provide an entry point to the topic by elaborating on general principles and key rules. The book explores the tensions and dilemmas which characterize the modern law of occupation, while highlighting, when needed, interpretations which best conform with the law's object and purpose. All in all, this book aims to guide relevant actors - whether states, academics, NGOs, or individuals under occupation - when seeking to assess or to challenge state actions in occupied territories.