In line, apparently, with the principle of mutual reliance and recognition of each other’s laws in international law, one state party to an international treaty will normally rely on the other's domestic legal provisions for implementation. However, in view of the above, and as Israel's laws recognise as legal the settlement colonies in the Occupied Palestinian Territories, which are regarded as illegal under International law, surely this agreement should never have been made in the first place?
Some progress has now been made following the decision of the ECJ in the BRITA case (no.
C-386/08), which has established that goods from the illegal settlements cannot be passed off as ‘Israeli’ goods and therefore do not qualify for preferential treatment by the EU. Israel must now provide, and Member States must insist upon, documentation from Israel establishing that the goods being imported into Europe do not originate in the Settlement Colonies.
This, however, is only part of the Story. Israel’s general disregard of Human rights in its treatment of Palestinians in the West bank, East Jerusalem and the Gaza Strip requires that the Association Agreement be suspended until Israel changes its policies. This would not prevent Israel from exporting to Europe, but it would eliminate the special preferences they currently enjoy on the €13bn worth of exports sold into Europe’s Member States (€100m into Ireland).