Duval Antoine - The Legality of Economic Activities in Occupied Territories

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 into 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 regard to trading with occupied territories. The second part focuses on EU law and contains contributions that assess the EUs approach to occupied territories and the extent to which this approach comports with the EUs 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.

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.

International Challenges in Investment Law and Arbitration

Edited by Mesut Akbaba and Giancarlo Capurro

State Interest and the Sources of International Law

Doctrine, Morality, and Non-Treaty Law

Markus P. Beham

Trade Facilitation in the Multilateral Trading System

Genesis, Course and Accord

Hao Wu

Asian Perspectives on International Investment Law

Edited by Junji Nakagawa

Cost and EU Public Procurement Law

Life-Cycle Costing for Sustainability

Edited by Marta Andhov, Roberto Caranta and Anja Wiesbrock

Promoting and Managing International Investment

Towards an Integrated Policy Approach

Edited by J Anthony VanDuzer and Patrick Leblond

International Investment Law and Gender Equality

Stabilization Clauses and Foreign Investment

Sangwani Patrick Ngambi

The Legality of Economic Activities in Occupied Territories

International, EU Law and Business and Human Rights Perspectives

Edited by Antoine Duval and Eva Kassoti

For more information about this series, please visit https://www.routledge.com/Routledge-Research-in-International-Economic-Law/book-series/INTECONLAW

First published 2020

by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge

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2020 selection and editorial matter, Antoine Duval and Eva Kassoti; individual chapters, the contributors

The right of Antoine Duval and Eva Kassoti to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

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British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data

Names: International Legality of Economic Activities in Occupied

Territories (Conference) (2018: T.M.C. Asser Instituut) | Duval,

Antoine, 1985 editor. | Kassoti, Eva, editor. | T.M.C. Asser Instituut,

host institution.

Title: The legality of economic activities in occupied territories:

international, EU law and business and human rights perspectives /

Antoine Duval and Eva Kassoti.

Description: Abingdon, Oxon; New York, NY: Routledge, 2020. |

Series: Routledge research in international economic law |

Includes papers presented at a workshop held at the Asser Institute in The Hague, on 17 October 2018. | Includes bibliographical references and index.

Identifiers: LCCN 2020008468 (print) | LCCN 2020008469 (ebook) |

ISBN 9780367254988 (hardback) | ISBN 9780429288081 (ebook)

Subjects: LCSH: Military occupationEconomic aspectsCongresses. |

Sanctions (International law)Congresses.

Classification: LCC KZ6429. I58 2020 (print) | LCC KZ6429 (ebook) |

DDC 341.6/6dc23

LC record available at https://lccn.loc.gov/2020008468

LC ebook record available at https://lccn.loc.gov/2020008469

ISBN: 978-0-367-25498-8 (hbk)

ISBN: 978-0-429-28808-1 (ebk)

Typeset in Galliard

by codeMantra

Daria Davitti Assistant Professor in Law University of Nottingham; Postdoctoral Fellow Lund University

John Dugard Professor Emeritus, Universities of Leiden and the Witwatersrand; Former Judge ad hoc the International Court of Justice and UN Special Rapporteur on Human Rights in the Occupied Palestinian Territory

Antoine Duval Senior Researcher T.M.C. Asser Institute

Rutger Fransen Graduate Researcher Utrecht University

Olia Kanevskaia Researcher Tilburg Law and Economics Centre, Tilburg University

Eva Kassoti Senior Researcher T.M.C. Asser Institute, Academic Co-ordinator of the Centre for the Law of EU External Relations (CLEER)

Eugene Kontorovich Professor of Law and Director of Center for International Law and the Middle East, George Mason University Antonin Scalia School of Law

Nikolas Kyriacou Legal Administrator at the Court of Justice of the EU

Jed Odermatt Lecturer in Law City Law School, City, University of London

Cedric Ryngaert Professor of Public International Law Utrecht University