Can Customs Rules Solve Difficulties Created by Public International Law? - Thoughts on the ECJ's Judgment in Brita Case (C-368/08)

תקציר

The Brita case decided by the European Court of Justice (ECJ) in early 2010 refers to the application of rules of origin in the EC-Israel and EC-PLO Association Agreements to territories occupied by Israel in 1967 and held by it since. The decision of the ECJ, based on the general principles of public international law, reflects the European Union’s (EU’s) policy toward the region but does not contribute to the enhancement of international trade in these areas. This article suggests that alternative, trade-oriented legal approaches to this dispute, based on the interpretation of the relevant Association Agreements according to the principles of the Vienna Convention on the Law of Treaties (VCLT) 1969 and on the General Agreement on Tariffs and Trade (GATT), might have better served the trade interests of all the parties involved, in the short term, thus facilitating the enhancement of the peace process in the region in the medium to long term.