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The EU’s duty of non-recognition and the territorial scope of trade agreements covering unlawfully acquired territories

Kassoti, E.; (2019) The EU’s duty of non-recognition and the territorial scope of trade agreements covering unlawfully acquired territories. Europe and the World: A law review , 3 (5) pp. 1-18. 10.14324/111.444.ewlj.2019.15. Green open access

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Abstract

Recently, the international legality of the EU’s economic activity in unlawfully acquired territories has gained much salience. Claims are increasingly heard that the duty of non-recognition requires the inapplicability of trade agreements to unlawfully acquired territories. In this light, this article attempts a survey of the relevant EU practice by focusing on the case-studies of Palestine and Western Sahara. The main question examined here is whether the EU has acted in breach of its obligation of non-recognition by concluding agreements with third States that extend to unlawfully acquired territories. Overall, this article argues that there is a growing gap between EU identity rhetoric as a promoter of international law and its actual practice on the ground.

Type: Article
Title: The EU’s duty of non-recognition and the territorial scope of trade agreements covering unlawfully acquired territories
Open access status: An open access version is available from UCL Discovery
DOI: 10.14324/111.444.ewlj.2019.15
Publisher version: https://doi.org/10.14324/111.444.ewlj.2019.15
Language: English
Additional information: c 2019, Eva Kassoti. 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
Keywords: unlawful territorial situations; duty of non-recognition; the right to self-determination; EU trade agreements
URI: https://discovery.ucl.ac.uk/id/eprint/10077354
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