Occupation

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Trade Agreements, EU Law, and Occupied Territories – A Report on Polisario v Council

Speaking of occupied territories, an interesting judgment should soon come from the General Court of the European Union (GC) in Action for Annulment Frente Polisario v Council (Case T-512/12), a case with fascinating international law aspects. I attended the hearing last week and think it warrants a report. Frente Polisario is a national liberation movement (NLM) that claims sovereignty for Western Sahara – the area between Morocco and Mauritania that has been on the UN list of non-self-governing territories since 1963, and in 1975 was the subject of a fairly inconclusive ICJ Opinion. The Frente sees Morocco as an occupying power, and challenges the EU Council decision approving the 2010 EU-Morocco Agreement on agricultural, processed agricultural and fisheries products. Given that the 2010 Agreement is a development of the 2000 EU-Morocco Association Agreement, the decision will have significant implications for the application of the latter agreement, and may thwart negotiations of the so-called “Deep and Comprehensive Free Trade Agreement”. These agreements are all silent on the question of what constitutes…

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Palestine v. Israel: 1:0? Palestine, Israel and FIFA: What Are the Laws of the Game? Part II

This is Part II of a two-part post. See Part I here. Suspension of membership A second category of FIFA membership issues related to international law relates to possible suspension of membership. Under Art. 14 FIFA Statute, it is the FIFA Congress that is responsible for suspending a member association,…

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Palestine v. Israel: 1:0? Palestine, Israel and FIFA: What Are the Laws of the Game? Part I

On 12 June 1015, the FIFA Executive Committee appointed former South African government minister Tokyo Sexwale to lead a monitoring committee to oversee issues related to the development of football in Palestine, and alleged interferences, by Israel, with such development. This committee was established on the basis of the decision by the 65th FIFA Congress in May…

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The Nagorno-Karabakh Cases

Last week I wrote about one particular aspect of the recent Grand Chamber judgments of the European Court of Human Rights in two cases dealing with the aftermath of the Nagorno-Karabakh conflict: Chiragov and Others v. Armenia, no. 13216/05 and Sargsyan v. Azerbaijan, no. 40167/06, namely the Court’s conclusion that belligerent occupation necessarily requires troops…

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European Court Decides that Israel Is Not Occupying Gaza

Yesterday the Grand Chamber of  the European Court of Human Rights delivered judgments in two blockbuster cases regarding the aftermath of the Nagorno-Karabakh conflict between Armenia and Azerbaijan: Chiragov and Others v. Armenia and Sargsyan v. Azerbaijan. These are very rich judgments raising many important issues, and I will be writing up more detailed comments…

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