Federal Cabinet[ edit ] The three cabinet-level ministries responsible for guiding Germany's foreign policy are the Ministry of Defense, the Ministry of Economic Cooperation and Development and the Federal Foreign Office.
Neve Gordon bio and Sharon Pardo bio Abstract This article describes the rules of origin dispute between the European Union and Israel, and argues that these technical customs rules are also instruments of foreign policy. In Januarythe European Union decided to implement fully the rules of origin ROO clause 1 of the European Community EC —Israel Association Agreement 2 and to subject products manufactured in the territories Israel had occupied during the Arab-Israeli war to customs duty.
Hence, we contend that the implementation of the ROO should also be understood as a form of political conditionality carried out by the EU towards Israel.
Next, we briefly describe the Israeli export industry in the Territories, showing that the application of the ROO has had no tangible impact on this industry, on the Israeli economy as a whole, or even the settlement project in particular. We claim, however, that the application of the ROO has had an incremental impact, since the rules have influenced some EU member states to begin addressing the labeling issue.
Nonetheless, the ROO do have an incremental political impact, since they serve as the basis of legitimization for other policy decisions of the EU, member states, and private corporations.
Second, the decision to implement the ROO has had two domestic effects: The ROO are divided into two types: While the former is connected to enforcing trade remedies of a general nature, such as antidumping and countervailing duties, as well as for compiling statistics on global trade flows, the latter is used exclusively within preferential trade agreements PTAs to determine which goods are eligible for a reduced tariff rate within a free-trade area.
The ROO are informed by two underlying assumptions. First, that the origin of a product can be determined, and second, that the territory from which the product originates is neither disputed nor occupied. Most of the difficulties involving the ROO [End Page 76] have to do with the first assumption, because in reality many products are manufactured in several countries, in the so-called global factory.
Over the years several economic tests have been developed to determine the origin of a product that is manufactured in several countries, 13 and while disputes about this issue continue to arise, in this case the EU and Israel do not disagree about the origin of the products but rather about the legal status of the territory whence the products originate.
The second underlying assumption of the ROO is that political borders are both clear-cut and agreed-upon.
This further suggests that issues relating to the origin of a product are interlaced with questions about legal territorial sovereignty, 14 and indeed that the ROO presuppose such sovereignty. Currently, however, there are over 20 disputed or occupied territories around the globe which either export goods or are believed to hold considerable natural resources.
Moreover, each of the countries laying claims to these territories has signed PTAs, which include the ROO clauses, indicating that the legal status of the territory is of utmost importance.
The Occupied Territories are among the few regions where the status of the territory has actually led to a serious examination of how it should affect the ROO clauses signed by Israel and therefore can serve as a case study for analyzing the use of the ROO as instruments of foreign policy.
The idea, as Alan Winters point out, is to ensure against disruptive social or economic conditions that could spill over and adversely affect EU member states. The protocol specifies the origin criteria for different categories of products. They subscribe to United Nations Security Council Resolutions andwhich serve for the 28 EU member states as the basic contours for any future agreement pertaining to the Territories and the creation of a Palestinian State.
Israel, on the other hand, prefers to leave the exact demarcation of its borders ambiguous, not only because it unilaterally applied its civilian laws to East Jerusalem in July and the Golan Heights in Decemberbut because it considers the Jewish settlements in the West Bank as integral to the State.
The discussions surrounding this dispute were fractious and for several years the two sides failed to reach a satisfactory solution.
The EU insisted on implementing the ROO not only due to its resolve to abide by the agreement, but, as we explain below, also because the lack of implementation would contradict another legally binding agreement that it had signed. In AprilThe Telegraph reported: Others have also used the Western Sahara comparison to claim that the EU decision regarding the implementation of ROO with respect to the West Bank, the Gaza Strip, East Jerusalem, and the Golan Heights was politicized, and therefore informed by a degree of double standards.
Protocol Three of the Interim Association Agreement defines the concept of originating products and methods of administrative cooperation. As was held by the European Court of Justice ECJ in its Brita case, 31 each of the two association agreements has its own territorial scope, and there is no overlapping between the two:The purpose of my book is to help change that by exposing the true nature of Israel’s policies towards the Palestinians, of the U.S.’s policy towards the conflict, and of the role of the media in manufacturing consent for this policy.
This article describes the rules of origin dispute between the European Union and Israel, and argues that these technical customs rules are also instruments of foreign policy.
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