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Article

14 Jan 2013

Author:
Al-Haq

[PDF] Feasting on the Occupation: Illegality of Settlement Produce and the Responsibility of EU Member States under International Law

This position paper will analyse how, by allowing settlement produce to enter their internal markets, Third Party States, and in particular EU Member States, implicitly recognise as legal a situation arising from a breach of peremptory norms of international law and thus violate their duty of non-recognition. In addition, by engaging in the trade of settlement produce, States are failing to comply with their obligation to actively cooperate in order to put the Israeli settlement enterprise to an end. Therefore, a ban on settlement produce must be considered amongst those actions that Third Party States should undertake in order to comply with their customary international law obligations. Such a ban can be lawfully implemented by EU Member States...National Authories must:...Discourage companies from trading with and investing in settlement produce, by issuing formal advice to importers and other businesses urging them to refrain from purchasing settlement goods. For this purpose, the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights can be used as the relevant international framework.