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26 Fordham Int'l L.J. 572 (2002-2003)
Rules of Origin as Trade or Foreign Policy Instruments - The European Union Policy on Products Manufactured in the Settlements in the West Bank and the Gaza Strip

handle is hein.journals/frdint26 and id is 592 raw text is: RULES OF ORIGIN AS TRADE OR FOREIGN POLICY INSTRUMENTS? THE EUROPEAN UNION POLICY ON PRODUCTS MANUFACTURED IN THE SETTLEMENTS IN THE WEST BANK AND THE GAZA STRIP Moshe Hirsch* INTRODUCTION ......................................... 572 I. THE FUNCTION OF RULES OF ORIGIN IN INTERNATIONAL TRADE ......................... 574 II. THE OPERATION OF RULES OF ORIGIN IN TERRITORIAL DISPUTES: TWO ALTERNATIVE APPROACHES ..................................... 576 A. The Practical-Trade Approach .................. 577 B. The Political-Sovereignty Approach ............ 580 III. THE EU POLICY ON PRODUCTS MANUFACTURED IN THE SETTLEMENTS IN THE WEST BANK AND THE GAZA STRIP ........ 584 A. The 1995 EU-Israel Agreement ................. 584 B. The Origin of Products Manufactured in the Settlements in the West Bank and the Gaza Strip ............................................ 586 C. Appraisal: The Hazards of the Political-Sovereignty Approach ................. 588 IV. RULES OF ORIGIN AND THE INTERRELATIONSHIPS BETWEEN LEGAL AND POLITICAL FACTORS ............................. 590 CO NCLUSIO N ............................................ 593 INTRODUCTION Rules of origin are not often involved in international terri- torial disputes. Their ordinary aim is to determine whether a particular preferential arrangement (e.g., duty-free import) will be applied to a given product in international trade.' Yet, where * Arnold Brecht Chair in European Law, Faculty of Law and Department of Inter- national Relations, Hebrew University of Jerusalem. 1. See MICHAEL J. TREBILCOCK & ROBERT HOWSE, THE REGULATION OF INTERNA-

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