The interface between trade, law and politics and the erosion of normative power Europe: comment on Brita

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Series Details Vol.35, No.4, August 2010, p551-570
Publication Date August 2010
ISSN 0307-5400
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Analyses the dispute between Israel and the EU over the legal status of products exported by Israel to the EU from territories placed under Israel's control following the Six Days War in 1967, including the West Bank. Criticises the reasoning of the European Court of Justice (ECJ) ruling in Brita GmbH v Hauptzollamt Hamburg-Hafen (C-386/08) that such products did not enjoy preferential treatment under the EC-Israel Association Agreement. Examines both the Advocate General's Opinion and the judgment of the ECJ, particularly with regard to the approach taken to international law.

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