Organisation juive européenne, Vignoble Psagot Ltd v. Ministre de l’Économie et des Finances

2021 ◽  
Vol 191 ◽  
pp. 402-442

Economics, trade and finance — Food imports — Import of foodstuffs originating from East Jerusalem, West Bank and Golan Heights into the European Union — Labelling of products — Whether products originating from Israeli settlements in the Occupied Territories must be labelled as such — Observance of international law — Whether foodstuffs coming from settlements established in breach of rules of international humanitarian law — Ethical considerations — Purchasing decisions of consumers — Misleading of consumers Relationship of international law and municipal law — European Union law — Treaty on European Union, 1992 — Treaty on the Functioning of the European Union, 2007 — EU Customs Code — Regulation (EU) No 1169/2011 — Consistent interpretation of EU law — Interpreting Regulation (EU) No 1169/2011 in manner consistent with international law — Notions of “State”, “territory” and “place of provenance” — Referral of questions by national court to Court of Justice of European Union Territory — Status — Occupation — Occupied Territories in which State of Israel Occupying Power — East Jerusalem, West Bank and Golan Heights — Rules of international humanitarian law — Israel having limited jurisdiction — Israeli settlements in Occupied Territories — Palestinian people of West Bank enjoying right to self-determination — Golan Heights part of territory of Syrian Arab Republic — Import of foodstuffs into European Union — Labelling of products — Whether products originating from Israeli settlements in Occupied Territories must be labelled as such — Observance of international law — Whether foodstuffs coming from settlements established in breach of rules of international humanitarian law — Ethical considerations — Purchasing decisions of consumers — Misleading of consumers War and armed conflict — International humanitarian law — Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, 1949 — Article 49 — Obligation of States not to “deport or transfer part of its own civilian population into the territory it occupies” — Impact on labelling of products originating in Occupied Territories — Status of East Jerusalem, West Bank and Golan Heights as Occupied Territories — Whether products originating from Israeli settlements in the Occupied Territories must be labelled as such — The law of the European Union

2010 ◽  
Vol 43 (2) ◽  
pp. 381-413 ◽  
Author(s):  
Andrea Breslin

The European Union as a prominent regional organization is increasingly expected to contribute positively in terms of the promotion of certain values, both by European Union citizens and by the international community. These values include the promotion and development of international law, including international humanitarian law. The focus of this Article is on the influence, actual and potential, of the European Union in terms of promoting humanitarian law externally, and on ensuring respect of humanitarian law by third States. It briefly discusses the evolution of the duty to ensure respect and outlines the relevance of international humanitarian law to the external action of the European Union. The European Union Guidelines on Promoting Compliance with International Humanitarian Law are introduced and the background, content, and potential are explored. While not constituting binding law, these guidelines represent the position of the European Union in relation to promoting humanitarian law externally and reflect the responsibilities of European Union Member States with regard to ensuring respect for humanitarian law.


2008 ◽  
Vol 77 (1-2) ◽  
pp. 141-161
Author(s):  
Juha Rainne

AbstractThis report includes selected parts of Finnish state practice in the field of international law in 2005 and 2006. The activities during this period were dominated by Finland's Presidency of the European Union (EU) in the second half of 2006. The report comprises state practice related, inter alia, to humanitarian law, international tribunals, international sanctions, measures to combat terrorism and the work of the Sixth Committee of the UN General Assembly. Special attention is paid to the activities that took place in the field of international law during the Finnish EU Presidency.


2005 ◽  
Vol 38 (3) ◽  
pp. 24-79 ◽  
Author(s):  
Amichai Cohen

This article seeks to evaluate Israel's implementation of the international law of occupation in the territories which it came to control after the Six-Day War, from a new perspective. Many scholars have criticized or justified specific Israeli policies by comparing them to specific norms of international law. Contrary to this scholarship, this article addresses the questions at the core of current debates over the implementation of international law: Why has Israel chosen to implement some specific rules of international law and to ignore others? And what caused the changes in Israel's implementation of international law?Some of the answers to these questions can be found by examining the interests of various institutions involved in the implementation of International law, and the interplay between them. I suggest that in order to understand Israel's initial behavior one must look at the interests, goals and culture of the Israeli army, the IDF, the institution initially responsible for administering the territories. I shall further argue that subsequent changes in policies are a result of the struggle between the IDF and other Israeli institutions attempting to gain influence over the way the territories were controlled.


2016 ◽  
Vol 29 (2) ◽  
pp. 463-483 ◽  
Author(s):  
SALVATORE FABIO NICOLOSI

AbstractThe development of the Common European Asylum System (CEAS) has often revealed the tight interrelation between refugee law, humanitarian law and international criminal law. It has been argued that the latter bodies of law have, in fact, played a major role in the development of most key concept of the European Union asylum acquis.Drawing from the judgment issued by the Court of Justice of the European Union (CJEU) in Diakité, this article aims to prove that this assumption is not always true, especially with reference to the interpretation of specific concepts of international humanitarian law (IHL) and, in particular, the controversial notion of ‘internal armed conflict’. In tackling the sensitive issue of clarifying the meaning of ‘internal armed conflict’ in order to investigate the grounds to warrant subsidiary protection under the Qualification Directive, the Court provided an autonomous interpretation that goes beyond IHL, thus offering another occasion to investigate the interrelation between international law and the EU legal order.While contributing to the ongoing debate on the relationship between international law and the EU legal order, the article will consider the impact of the Court's reasoning on the EU asylum acquis, and will consider whether disconnecting the Qualification Directive from IHL, instead of producing further fragmentation of international law, may contribute to its defragmentation, conceived of as a harmonic co-ordination of different branches of law.


2013 ◽  
Vol 95 (891-892) ◽  
pp. 637-643
Author(s):  
Frederik Naert

AbstractIn this contribution, I will identify the main issues relevant for the applicability and application of international humanitarian law (IHL) in military operations under the command of the European Union (EU) and I will briefly describe the EU's practice and policy in this respect.1


2009 ◽  
Vol 78 (4) ◽  
pp. 541-552 ◽  
Author(s):  
Pål Wrange

AbstractIn 2005, the European Union (EU) adopted Guidelines on Promoting Compliance with International Humanitarian Law(IHL). The Guidelines are designed to be implemented by any officer in the foreign services of the EU, including its member states. After outlining the main features of IHL, the Guidelines have provisions on the decision-making process and on possible action to take. The Guidelines, which have been quite widely implemented according toa survey, should be an important tool in keeping IHL issues on the EU's agenda.


2017 ◽  
Vol 111 (2) ◽  
pp. 357-375 ◽  
Author(s):  
Theodor Meron

The West Bank and the Settlements, again? Readers may have had enough of this subject. But these are exceptional times. The adoption by the Security Council of Resolution 2334 on December 23, 2016, the unprecedented speech by Secretary Kerry delivered shortly thereafter, and the immediate rejection of both by Prime Minister Netanyahu, combined with the approach of the fiftieth anniversary of the Six-Day War in June 2017 and the continued march toward an inexorable demographic change in the West Bank, not to mention the nomination as U.S. Ambassador to Israel of a person reportedly supporting an active settlement policy and annexation: the confluence of these events demands our renewed attention. And while these developments undoubtedly have powerful political dimensions, they also call upon those of us who care about international law to speak up in support of its requirements and application.


Legal Ukraine ◽  
2020 ◽  
pp. 35-43
Author(s):  
Viktor Bazov

The article considers topical issues of the general concept and system of principles of international humanitarian law. The basic general and special principles of this branch of international law are investigated, and also the principles and ways of interpretation of its norms are analyzed. The tendencies of further development of the principles of international humanitarian law are determined. In the modern world, international humanitarian law has become a unique legal phenomenon and has acquired the most universal institutional and legal nature. But even today, this authoritative branch of international law continues its development, which is influenced by numerous factors, including increasing the conflict of modern international relations, which necessitates effective action by the UN and other international organizations and individual states, and, in turn, requires a theoretical analysis of the humanitarian international legal force mechanism that international law theorists hope can provide an effective response to the brutal challenges of the new millennium. However, this leads to the fact that in some cases the forces of the UN or other international organizations actually become a party to an armed conflict, which leads to the fact that such a conflict already affects not only the state or states of the conflict zone, but also third countries place their armed forces at the disposal of international organizations. The need to comply with international humanitarian law is highlighted in numerous Security Council resolutions and decisions of other UN bodies, decisions of regional international organizations, including the Council of Europe and the European Union, which significantly affect the formation and further development of international humanitarian law. Key words: theory of international law, principles of international humanitarian law, system of principles, international relations, international judicial practice.


2009 ◽  
Vol 42 (01) ◽  
pp. 168-205 ◽  
Author(s):  
Valentina Falco

When exploring the sources of International Humanitarian Law (IHL) obligations of multinational peacekeeping forces, legal scholars have thus far focused mainly on the UN (and, to a lesser extent, NATO), whilst other organizations have remained largely in the shadows. Whereas the UN Secretary-General's Bulletin on the Observance by UN Forces of International Humanitarian Law has been widely debated and extensively investigated, little or no attention has been paid to self-regulatory solutions adopted by other international and regional organizations.This Article focuses on the European Union (EU), holding that this regional organization—by virtue of its sui generis nature and of its increasing engagement in the field of crisis management—can be regarded as one of the most interesting newcomers to the realm of jus in bello. More specifically, it looks at the EU's internal legal order with a view to verifying whether and to what extent it may complement customary IHL in regulating the conduct of the EU as a military actor. The Article surveys the primary and secondary sources of EU legislation which may prima facie spell out obligations for the EU-led troops engaged in European Security and Defence Policy military operations. Finally, the Article seeks to draw some broader conclusions on the nature of the relationship between EU law and IHL, as well as on the complementarity and inherent normative value of their sources.


Sign in / Sign up

Export Citation Format

Share Document