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      EU extraterritorial obligations with respect to trade with occupied territories: Reflections after the case of Front Polisario before EU courts

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          Abstract

          This paper provides a critical analysis of the recent judgments of the General Court of the EU and the Court of Justice of the EU in the case of Front Polisario v Council, which concerned the application of the EU-Morocco Liberalisation Agreement to products from Western Sahara. The central argument is that both EU courts failed to adequately consider the nature of the Moroccan presence on Western Saharan territory: a belligerent occupation. In light of this occupation, the courts should have channelled the EU’s extraterritorial obligations vis-à-vis the population of Western Sahara through the tailor-made regimes of the law of occupation and the international duty of non-recognition. It is argued that the application of the Liberalisation Agreement may notably run afoul of the EU’s duty of non-recognition, but that the Agreement may still apply insofar as it benefits the local population. More fundamentally, after Front Polisario, the EU may want to reconsider all trade relations in respect of occupied territories by distinguishing between legitimate and illegitimate products.

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          Author and article information

          Journal
          EWLR
          Europe and the World: A law review
          Eur. World
          UCL Press
          2399-2875
          10 October 2018
          : 2
          : 1
          Affiliations
          [1 ]Professor of Public International Law, Utrecht University (RENFORCE research programme), The Netherlands
          [2 ]Graduate Researcher School of Law, Utrecht University
          Author notes
          [* ]Correspondence: C.M.J.Ryngaert@ 123456uu.nl
          Article
          EWLR-2-7
          10.14324/111.444.ewlj.2018.07
          © 2018, Cedric Ryngaert, Rutger Fransen.

          This is an open access article distributed under the terms of the Creative Commons Attribution License (CC BY) 4.0 https://creativecommons.org/licenses/by/4.0/, which permits unrestricted use, distribution and reproduction in any medium, provided the original author and source are credited • DOI: https://doi.org/10.14324/111.444.ewlj.2018.07.

          Page count
          Pages: 20
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          Article
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          C Ryngaert, R Fransen, ‘EU extraterritorial obligations with respect to trade with occupied territories: Reflections after the case of Front Polisario before EU courts’ [2018] 2( 1): 7. Europe and the World: A law review [20]. DOI: https://doi.org/10.14324/111.444.ewlj.2018.07.

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          Europe and the World: A law review
          Volume 2, Issue 1

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