EU trade relations with occupied territories: Third party obligations flowing from the application of occupation law in relation to natural resources exploitation

The focus lies on the European Union (EU) for reasons: 28 EU Member States have conferred on it the exclusive competence to regulate external commercial policy, the EU has the second-largest share of imports in the world, and EU courts have recently subjected EU trade agreements to legal review, in relation to imports from occupied territories. The exploitation of renewable natural resources, e.g. fish caught off the coast of Western Saharan and traded under the EU-Moroccan Fisheries Partnership, should not result in a permanent depletion of these resources. The EU’s opening up of its markets to the relevant products can be considered as a ‘positive’ act. The intent requirement could be fulfilled on the basis of the EU’s knowledge of the possible illicit outcome. Some EU imports may pertain to products that have been produced, or are derived from natural resources exploited in violation of the principles of occupation law.