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The Effectiveness of Europe’s Economic and ‘Soft’ Power Instruments in its Relations with the State of Israel
Published online by Cambridge University Press: 27 October 2017
Extract
The european integration programme is a unique and ambitious attempt on the part of numerous nations, with a long history of armed conflicts and diverse cultural, linguistic, legal and economic traditions, to become integrated under a ‘new legal order’. Indeed, the European Union (‘EU’) can look back with much satisfaction on its record of transforming a large part of Europe, once afflicted by wars, nationalist divisions, Nazism and Fascism, into a region where peace, political moderation and protection of human rights prevail. Now, the EU wishes to externalise its success. As Robert Kagan has argued in Power and Weakness, ‘the transmission of the European miracle to the rest of the world has become Europe’s new mission civilisatrice. Just as Americans have always believed that they had discovered the secret to human happiness and wished to export it to the rest of the world, so the Europeans have a new mission born of their own discovery of perpetual peace’.
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- Copyright © Centre for European Legal Studies, Faculty of Law, University of Cambridge 2005
References
1 Kagan, R, ‘Why the United States and Europe See the World Differently’ (2002) 113 Policy Review 3, 18Google Scholar.
2 COM(2003)104 final.
3 These include Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Palestinian Authority, Syria, Tunisia, Ukraine, Moldova, Belarus and Russia. The Initiative does not apply to the EU’s relations with the remaining candidate countries (Turkey, Romania and Bulgaria) or to the countries of the Western Balkans. Later the Council decided to include Armenia, Azerbaijan and Georgia in the ENP: see Council of the European Union, 2590th Council Meeting, General Affairs and External Relations—General Affairs, Luxembourg, 14 June 2004, 10189/04 (Press 195), Provisional Version, Press Release 12. See also European Parliament Report, ‘Wider Europe—Neighbourhood: A New Framework for Relations with our Eastern and Southern Neighbours’, Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy, COM(2003)104—2003/2018 (INI), Final A50378/2003, 9 and 17; ‘Beyond Enlargement: Commission shifts European Neighbourhood Policy into higher Gear’ at www.europa.eu.int/comm/world/enp/index_en.htm (last visited 14 May 2005).
4 European Parliament Report, above n 3.
5 Eg the Council Conclusions on ‘Implementation of the Wider Europe—New Neighbour hood Initiative’, 13 Oct 2003, at http://www.europa.eu.int/comm/world/enp/documents/13102003_en.htm (last visited 18 May 2005).
6 Ibid at 10.
7 Communication from the Commission, ‘Paving the Way for a New Neighbourhood Policy’, COM(2003)393 final.
8 See European Parliament Report, above n 3, at 9.
9 See Y Beilin, former Israeli Minister of Justice, in ‘Israel and Wider Europe’, Conference held at the Herzlia Interdisciplinary Centre, 17 Feb 2004. Beilin was of the opinion that enlargement of the EU renders it more and more difficult for the EU to contribute to peace in the Middle East. The European Neighbourhood Policy remains one of the chief means by which the EU can contribute to that process.
10 ‘Intergovernmentalism’ refers to the traditional structure of international organisations whereby each Member State retains its sovereign powers. See Weiler, JHH, The Constitution of Europe: ‘Do The New Clothes Have an Emperor?’ and other Essays on European Integration (Cambridge, Cambridge University Press, 1999) 273 Google Scholar. The focus is on negotiation, inter-state bargaining and diplomacy. There is a relatively low level of institutionalisation and a premium on informal and unstructured interaction. Formal sovereign equality and the loose reflexes of international law prevail.
11 ‘Supranationalism’ refers to an advanced inter-state structure, the joining of which entails the loss of some sovereign powers. See ibid, at 12 and 273. The material is often constitutional. The modus operandi is more structured, formal and rule-bound.
12 ‘Infranantionalism’ relies on experts’ know-how, manifested in a wide web of advisory committees. See Weiler, above n 10, at 272. It is characterised by the relative unimportance of the national element in the decision-making. Technical expertise, economic and social interests, and administrative turf battles shape the process and outcome rather than ‘national interest’. Infranationalism strikes a balance between political intergovernmentalism and genuine legal supranationalism: Armstrong, KA, ‘Rediscovering Civil Society: The European Union and the White Paper on Governance’ (2002) 8 European Law Journal 102, 145Google Scholar. Infranationalism moves beyond this dual structure in its disregard of the law/politics dichotomy and of the Member State/Community dichotomy. For a strong philippic of Infranationalism, see Weiler, above n 10, at 284ff. For the interplay of these three forces, see ibid, at 264ff.
13 See ibid, at 10. The EC is an avant garde international organisation that introduces a new model for trans-national discourse. For a general survey of EC law, see Weatherill, S and Beaumont, P, EU Law (3rd edn, London, Penguin, 1999)Google Scholar. For in-depth analysis, see FG Mancini, ‘The Making of a Constitution for Europe’ (1989) 26 595; Weiler, JHH ‘The Transformation of Europe’ (1991) 100 Yale Law Journal 2403 CrossRefGoogle Scholar; Mancini, FG and Keeling, DT, ‘Democracy and the European Court of Justice’ (1994) 57 MLR 175 CrossRefGoogle Scholar; Arnull, A, The European Union and its Court of Justice (Oxford, Oxford University Press, 1999)Google Scholar; Allott, P, ‘European Government and the Re-branding of Democracy’ (2002) 27 European Law Review 60 Google Scholar. For the EC and political science theory, see Jachtenfuchs, M, The Governance Approach to European Integration’ (2001) 39 Journal of Common Market Studies 245 CrossRefGoogle Scholar. For the EC and international relations theory, see Pollack, MA, ‘International Relations Theory and European Integration’ (2001) 39 Journal of Common Market Studies 829 CrossRefGoogle Scholar.
14 For the impact of enlargement on Israel, see Tovias, A, ‘Israeli Policy Perspective’ (2003) 8 Mediterranean Politics 213, 221Google Scholar; Munin, N, ‘Wider Europe Neighbourhood—A New Model for EU-Israel Relations?’ (2003) 31 Israel Tax Quarterly 29, at 33ff (Hebrew)Google Scholar.
15 European Parliament, Report, ‘Wider Europe – Neighbourhood: A New Framework for Relations with our Eastern and Southern Neighbours’, Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy, COM(2003)104-2003/2018 (INI), Final A50378/2003, at 9.
16 ‘EU Enlargement and the Union’s Neighbourhood Policy’, Speech by Commissioner G Verheugen, Diplomatic Academy Moscow (27 Oct 2003) at http://www.europa.eu.int/comm/world/enp/pdf/Verheugen-Russia-EU_Enlargement_and_the_Union_en.pdf (last visited 18 May 2005).
17 Ibid. ‘An ‘undivided Europe’ cannot be a united but inward-looking European Union that does not care about what happens beyond its borders’.
18 For analysis, see Aoun, E, ‘European Foreign Policy and the Arab-Israeli Dispute: Much Ado about Nothing?’ (2003) 8 European Foreign Affairs Review 289, 289Google Scholar.
19 ‘Venice Declaration’ (1980) 6 Bulletin of European Communities Commission 7.
20 Aoun, above n 18, at 289 and 297.
21 Ibid.
22 See Barcelona Declaration adopted at the Euro-Mediterranean Conference, 27–28, Nov 1995, Barcelona, 28 Nov 1995, final version at http://www.europa.eu.int/scadplus/leg/en/lvb/r15001.htm (last visited 18 May 2005).
23 For analysis, see Ahiram, E and Tovias, A (eds), Whither EU–Israeli Relations? Common and Divergent Interests (Brussels, Peter Lang Publishing, 1995)Google Scholar; Hirsch, M, Inbar, E and Sadeh, T, The Future Relations between Israel and the European Communities—Some Alternatives (Tel Aviv, Bursi, 1996)Google Scholar; Greilsammer, I and Weiler, JHH (eds), Europe and Israel: Troubled Neighbours (Berlin, Walter de Gruyter, 1998)Google Scholar.
24 For background, see Rom, M, In the Path of Israel’s International Commercial Policy: GSP and the European Common Market (Tel-Aviv, Ramot, 1998) (Hebrew)Google Scholar; Primor, A, ‘Israel and the EC’ in ARabello, M (ed), European Legal Traditions and Israel (Jerusalem, the Harry and Michael Sacher Institute for Legislative Research and Comparative Law, the Hebrew University of Jerusalem, 1994) 459 Google Scholar; C Shachor-Landau, ‘Israel and the EC on the Eve of the Maastricht Agreement’ in ibid, at 445; Kapeliuk, D, ‘A Legal Analysis of the Free Trade Agreement of 1975 between the European Community and the State of Israel’ (1993) 27 Israel Law Review 415 CrossRefGoogle Scholar; Einhorn, T, ‘The Role of the Israeli Courts in Promoting Free Trade—A Critical Study in View of the EC-Israel FTA’ (1995) 12 Bar-Ilan Law Studies 165 (Hebrew)Google Scholar; Dafni, I, ‘Israel and the European Union—The Current Picture and Expectations for the Future’ (2000) 27 Israel Tax Quarterly 49 (Hebrew)Google Scholar.
25 See Commission of the European Union ‘Extracts of the Conclusion of the Presidency of the Essen European Council, December, 9–10, 1994’, 1995 Bulletin of the European Union Supplement 2/95: ‘The European Council considers that Israel, on account of its high level of economic development, should enjoy special status in its relations with the European Union, on the basis of reciprocity and common interest …’.
26 Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, on the one part, and the State of Israel, of the other part [2000] OJ L/147/3 to 171. For analysis, see especially Munin, N, The EU and Israel: the State of Play (Jerusalem, Ministry of Finance, 2003) 145 Google Scholar (Hebrew); Reich, A, ‘From Diplomacy to Law: The Juridification of International Relations in the Framework of GATT and Israel’s Free Trade Agreements’ (1999) 22 Tel-Aviv Law Review 351, 398–403 (Hebrew)Google Scholar; Inbar, E, ‘Improving Israel–EU Relations: the European Economic Area as a Possible Model’ (1999) 5 Israel Affairs 109 CrossRefGoogle Scholar; Sadeh, T, ‘The European Union and Israel: The Customs Union Alternative’ (1999) 5 Israel Affairs 87 CrossRefGoogle Scholar; Hirsch, M, ‘The 1995 Trade Agreement between the European Communities and Israel: Three Unsolved Issues’ (1996) 1 European Foreign Affairs Review 87 Google Scholar; Dafni, I, ‘The Association Agreement between Israel and the European Union’ (2001) 29 Israel Tax Quarterly 7 (Hebrew)Google Scholar; Hirsch, B, ‘The Institutional Framework in Israeli–European Union Relations and its Contribution to the Trade Relations’ (2001) 29 Israel Tax Quarterly 11 (Hebrew)Google Scholar.
27 For Israeli official statistics, see http://www.mof.gov.il/beinle/beinfr_eng.htm (last visited 18 May 2005).
28 See Commission Staff Working Paper, ‘European Neighbourhood Policy, Country Report, Israel’, COM(2004)373 final, SEC(2004) 568. The State of Israel participated in the fourth, fifth and sixth Framework Programms for Research and Technological Development. Israel and the Commission initialled in Mar 2004 the agreement on Galileo, Europe’s satellite radio navigation programme.
29 Preamble to and Art 1 and 2 of the Association Agreement.
30 Sofer, S, ‘Towards Distant Frontiers: The Course of Israeli Diplomacy’ (2004) 10 Israel Affairs 1, 7CrossRefGoogle Scholar.
31 For a thought-provoking analysis of Israel’s failure to realise the economic potential in its relations with the EU, see Einhorn, above n. 24.
32 See Country Report, Israel, above n 28, at 5. Due to its relatively high level of economic development, Israel does not benefit from bilateral financial support under MEDA. However, it is eligible for MEDA funds earmarked for regional co-operation. While Israel initially participated in a number of projects, following the outbreak of the second Intifada it has become increasingly difficult for the country to find partners in the Mediterranean area. Yet Israel participates in Euro-Med Youth (promoting people-to-people contacts and co-operation between actors of civil society and NGOs in the youth field), in the Euro-Med audiovisual and Euro-Med heritage programmes.
33 See Hollis, R, ‘The Politics of Israeli-European Economic Relations’ (1994) 1 Israel Affairs 118 Google Scholar; Navon, E, ‘EU and Israel: An Historical Perspective (1973–1993)’ (2003) 10 Newsletter of the Israeli Association for the Study of European Integration 15 Google Scholar; Kühnel, B (ed), Troubled Waters: Europe and its Relations with the United States and Israel (Jerusalem, The Institute for European Studies, 2003)Google Scholar.
34 See Gozi, S, ‘New Frontiers and New Policies in Europe’ (2003) 8 The European Union Review 43 Google Scholar.
35 G Verheugen, former Commissioner for Enlargement, at www.europa.eu.int/comm/world/enp/index_en.htm (last visited 19 May 2004).
36 See R Prodi, President of the Commission: ‘… I want to see a ring of friends surround ing the Union and its close European neighbours, from Morocco to Russia and the Black Sea. This encircling band of friendly countries will be diverse’ in ‘A Wider Europe—A Proximity Policy as a Key to Stability’ speech delivered at the Sixth ECSA—World Conference on Peace, Security and Stability—International Dialogue and the Role of the EU, Jean Monnet Project, Brussels (5–6 Dec 2002) at http://europa.eu.int/rapid/pressReleasesAction.do?reference= SPEECH/02/619&format=HTML&aged=0&language=EN&guiLanguage=e (last visited 18 May 2005).
37 See European Parliament Report, above n 3, at 18.
38 G Verheugen, former Commissioner for Enlargement, at www.europa.eu.int/comm/world/enp/index_en.htm (last visited 19 May 2004). See also www.europa.eu.int/comm/world/enp/policy_en.htm (last visited 19 May, 2004).
39 CIG 87/1/04 REV 1, Brussels, 13 Oct 2004, at Art I–57; [2004]OJ C/310/1.
40 The Initiative, above n 2, at 3.
41 Ibid.
42 Ibid, at 9.
43 For the deficiencies of that Process from an Israel perspective, see Tovias, above n 14, 216ff.
44 See EC Commission, above n 3: The Action Plans will be differentiated, i.e. tailor-made to reflect the existing state of relations with each country, its needs and capacities as well as com mon interests. See also ‘EU enlargement and the Union’s Neighbourhood Policy’, Speech by G Verheugen at the Diplomatic Academy Moscow (27 Oct 2003) 6 at http://www.europa.eu.int/comm/world/enp/pdf/Verheugen-Russia-EU_Enlargement_and_the_Union_en.pdf (last visited 18 May 2005): ‘Our Wider Europe—New Neighbourhood Policy will take full account of the differences in relations with each of our neighbours … So do their relationship with us. Ukraine is not Egypt and Israel is not Moldova…. Hence differentiation is a key notion in our neighbourhood policy. Our relations also reflect different sets of common interests, and a different extent of values shared’.
45 Commission, Communication from the Commission to the Council and the European Parliament, ‘Reinvigorating EU Actions on Human Rights and Democratisation with Mediterranean Partners, Strategic Guidelines’, COM(2003)294 final, 5. Compared to the other MEDA partners, Israel presents distinct characteristics. It functions as a well-established parliamentary democracy, with an effective separation of power, a functioning system of governance, an active participation of non-governmental organizations and civil society in all aspects of political and social life.
46 See Commission Staff Working Paper, ‘European Neighbourhood Policy, Country Report, Israel’, COM(2004)373 final), SEC(2004) 568. It records that Israel is a democratic state with associated political rights, respect for the rule of law and a flourishing civil society. Israel has ratified most of the core UN Human Rights Conventions. Israel also has a high proportion of educated women and their representation in the public administration has increased over the last few years. Economically, Israel has evolved into a knowledge-based economy, with internationally competitive services and industrial sectors. Israel’s workforce is one of the most skilled in the world and its education system is well developed. The Israeli economy is mostly diversified and competitive. The Israeli Antitrust Authority is strong, active, and independent. The financial sector is highly developed, the venture capital market is very strong, and the business regime is generally non-discriminatory for foreign direct investments.
47 Eg, the Initiative, above n 2, at 7: ‘Israel is the richest of the EU’s neighbours, with Lebanon second richest, albeit at a considerably lower level of GDP, and Russia some way behind both countries’.
48 For the text, see http://www.europa.eu.int/comm/world/enp/pdf/avtion_plans/Proposed_Action_Plan_EU_Israel.pdf (last visited 16 Jan 2005).
49 Ibid, Section 1.
50 To include facilitating efforts to resolve the Middle East conflict, the exploration of the possibility of joining other international instruments and a protocol dealing with human rights issues, the fight against anti-Semitism, racism, xenophobia, Islamophobia, terrorism and the proliferation of Weapons of Mass Destruction, conflict prevention and crisis management.
51 See Art 2(2) and (3). The parties undertook to promote reciprocal trade and investment. Special emphasis is placed upon the liberalisation of trade in services in general and financial services in particular (Art 2(3)). Art 2(3)(1)(2) declares that the parties will complete all the necessary procedures for enabling Israel to participate in the Pan-Euro-Mediterranean cumulation of origin, as part of the efforts to widen the Euro-Mediterranean links (see the recently signed FTA between Israel and Jordan). They also undertook to develop trade promotion between Israel and other Euro-Mediterranean partners. Provisions are made for enhanced co-operation in other areas such as intellectual property rights and public procurement.
52 That includes, under Art 2(4) issues of migration (lawful and unlawful), asylum policy, fighting terrorism and organised crime (including trafficking in human beings), cyber crime, drugs, money laundering and other forms of economic crimes (with special emphasis on financial of terrorism), co-operation in police areas, judicial co-operation (including extradition, data protection, mutual legal assistance, and enhanced co-operation between Israel agencies and EUROPOL).
53 Under Art 2(5) enhanced co-operation is envisaged in the areas of transport, energy, the information society, environment, science and technology.
54 Through education, training, and widening youth connections, sport, culture and audiovisual instruments, and increasing the levels of co-operation in the civil societies of both parties, by developing and strengthening the links between NGOs and other civil organisations (see Art 2(6)).
55 For EU and US democracy promotion policies, see Cox, M, Ikenberry, J and Inoguchi, T (eds), American Democracy Promotion: Impulses, Strategies, and Impacts (Oxford, Oxford University Press, 2000)CrossRefGoogle Scholar; Held, D (ed), Prospects for Democracy: North, South, East, West (Cambridge, Polity, 1993)Google Scholar; Youngs, R, International Democracy and the West: The Role of Governments, Civil Society, and Multinational Business (Oxford, Oxford University Press, 2004)CrossRefGoogle Scholar.
56 Eg World Bank, ‘Anti-Corruption in Transition: A Contribution to the Policy Debate’ (2000).
57 Etzioni, A, ‘A Self-restrained Approach to Nation Building by Foreign Powers’ (2004) 80 International Affairs 1, 2CrossRefGoogle Scholar.
58 Commission, ‘Communication from the Commission to the Council and the European Parliament, Reinvigorating EU Actions on Human Rights and Democratisation with Mediterranean partners, Strategic Guidelines’, COM(2003)294 final, at 4.
59 Speech by R Prodi, former President of the European Commission, ‘Europe and Peace’ at the University of Ulster (1 Apr 2004) at http://europa-eu-un.org/articles/fi/article_3372_fi.htm. (last visited 14 May 2005).
60 Hazan, R, ‘Fostering Democracy through Parliamentary Cooperation: European Lessons from the Middle East?’ in Boehnke, K (ed), Israel and Europe—A Complex Relationship (Wiesbaden, Deutscher Universitäts-Verlag, 2003) 75 CrossRefGoogle Scholar, at 96, who analyses the construction, administration and maintenance of parliaments in the process of democratization in the Middle East.
61 Eg Magen, A, ‘Building Democratic Peace in the Eastern Mediterranean: An Inevitably Ambitious Agenda’, Working Paper Number 9 (2004) Stanford Institute for International Studies 115 Google Scholar at http://iis.stanford.edu/publications/20676/ (last visited 18 May 2005).
62 Ibid. Magen further argues that experience of the Euro-Mediterranean Partnership shows that Arab reference to lack of progress in the Middle East Peace Process has consistently served to thwart the Barcelona Process.
63 Magen, above n 61, at 115.
64 For a theoretical analysis of the attempts of the West to ‘export’ Western values, see by analogy Etzioni, above n 57.
65 See speech by Commissioner G Verheugen, Speech 04/141, Prime Ministerial Conference of the Vilnius and Visegrad Democracies ‘Towards a Wider Europe: The New Agenda’ Bratislava (19 Mar 2004) at http://europa.eu.int/rapid/pressReleasesAction.do?reference=SPEECH/04/141&format=HTML&aged=0&language=EN&guiLanguage=en (last visited 18 May 2005): The closer we move together in our political dialogue, the more we shall be able to do in economic areas as well.
66 See the words of Y Beilin, above n 9.
67 EC Commission, above n 58.
68 Ibid.
69 See Magen, above n 61, at 129.
70 Eg Commission, ‘Communication of 8 May 2001 on the ‘European Union’s Role in Promoting Human Rights and Democratisation in Third Countries”, COM(2001)252 final.
71 For a critical analysis, see R Youngs, ‘Democracy Promotion: The Case of the European Union Strategy’ (2001) Centre for European Policy Studies, Working Document 167 at http://shop.ceps.be/BookDetail.php?item_id=77 (last visited 18 May 2005).
72 Ambassador Chevallard, G, ‘The European Union’s Relations to Israel’ in Kühnel, B (ed), Troubled Waters: Europe and its Relations with the United States and Israel (Jerusalem, Institute for European Studies, 2003) 13 at 16Google Scholar.
73 O von der Gablentz, ‘Beyond the Road Map: A Renewed Europe and Israel’ in ibid, 19, at 23.
74 SP Huntington, ‘The Lonely Superpower’ [1999] Foreign Affairs at http://www.foreignaffairs.org/1999/2.html (last visited 18 May 2005).
75 Kagan, above n 1.
76 Aoun, above n 18, at 299.
77 Kagan, above n 1.
78 Ibid.
79 Ibid.
80 R Cooper, The Observer (7 Apr 2002).
81 Kagan, above n 1.
82 Aoun, above n 18, at 289–90 and 310.
83 Ibid, at 310.
84 G Steinberg, ‘Kantian Pegs into Hobbesian Holes: Europe’s Policy in Arab-Israeli Peace Efforts’, Paper presented at the conference ‘The EU in Regional and Bilateral Dispute Settlement’ organised by the Israeli Association for the Study of European Integration in cooperation with the Friedrich Naumann Foundation, The EU-Israel Forum, The German Innovation Centre and the Interdisciplinary Centre, Herzlia (24–25 Oct 2004) 8 and 20 at http://www.biu.ac.il/SOC/iasei/ (last visited 18 May 2005).
85 R Pirouz and M Leonard, ‘How to Change the Middle East’, Financial Times (15 Sept 2003).
86 Steinberg, above n 84.
87 Haaretz, 13 Oct 2004.
88 Tovias, above n 60, at 43.
89 Sofer, above n 30, at 6.
90 For the EU’s difficulties in maintaining a balanced approach, see Miller, R, ‘The PLO Factor in the Euro–Israeli Relations, 1964–1992’ (2004) 10 Israel Affairs 123 Google Scholar, at 147ff.
91 Z Shoval, former Israeli Ambassador to Washington, Agence France Presse (12 Feb 2003) as quoted in Aoun, above n 18, at 310.
92 See H Ben-Israel ‘Summing Up’ in Kühnel, above n 33, at 93.
93 See ibid, at 102–4.
94 Chevallard, above n 72, at 15.
95 Resolution Number 796, ‘Israeli Reaction to the Decision of the European Countries in Venice, 15 June 1980’ as translated by the present author (on file with author).
96 Ibid.
97 See above n 13.
98 See Sadeh, T, ‘Some Trade Effects of the EMU Process on Israel’ (2004) 10 Israel Affairs 156 CrossRefGoogle Scholar.
99 Haltern, U, ‘Pathos and Patina: The Failure and Promise of Constitutionalism in the European Imagination’ (2003) 9 European Law Journal 14, at 15CrossRefGoogle Scholar.
100 Sofer, above n 30, at 7.
101 Quoted in Hollis, R, ‘The Politics of Israeli-European Economic Relations’ (1994) 1 Israel Affairs 118 Google Scholar.
102 Numbers, 23:9.
103 Ie, democracy, good governance, the rule of law and the protection of human rights. For a theoretical analysis of the attempts of the West to ‘export’ Western values, see M Pera, ‘Israel, Europe and Islam’ in Kühnel, above n 33, at 53.
104 See Speech 04/141, Commissioner G Verheugen, Prime Ministerial Conference of the Vilnius and Visegrad Democracies: ‘Towards a Wider Europe: The New Agenda’, Bratislava (19 Mar 2004) at http://www.biu.ac.il/SOC/iasei/ (last visited 18 May 2005): ‘The closer we move together in our political dialogue, the more we shall be able to do in economic areas as well.’
105 See Art 83 of the Association Agreement.
106 For the dispute and its implications, see Hirsch, M, ‘Rules of Origin as Foreign Policy Instruments?’ (2003) 26 Fordham International Law Journal 572 Google Scholar; Hauswaldt, C, ‘Problems under the EC–Israel Association Agreement: The Export of Goods Produced in the West Bank and the Gaza Strip under the EC–Israel Association Agreement’ (2003) 14 European Journal of International Law 591 CrossRefGoogle Scholar; Sadeh, T, ‘Israel and a Euro-Mediterranean Internal Market—A Survey of Existing Barriers to Trade and Possible Remedies’, in Xuereb, P (ed), EuroMediterranean Integration—The Mediterranean’s European Challenge (Malta, University of Malta European Documentation Centre, 2002), 189ffGoogle Scholar. For the resolution of the dispute, see Harpaz, G and Frid, R, ‘An Agreement Reached over the Legal Treatment of Products Exported to the EU from the Golan Heights, East Jerusalem, the West Bank and Gaza Strip’ (2004) 10 International Trade Law and Regulation N32–N33 Google Scholar; Harpaz, G, ‘The Dispute over the Treatment of Products Exported to the European Union from the Golan Heights, East Jerusalem, the West Bank and the Gaza Strip The Limits of Power and the Limits of the Law’ (2004) 38 Journal of World Trade 1049 Google Scholar.
107 [2001] OJ C/328/04.
108 See the words of E Olmert, Minister of Trade and Industry and Deputy Prime Minister, Address before the Annual Meeting of the Israeli Association for the Study of European Integration, Hebrew University (15 Apr 2004) in G Harpaz (ed), Newsletter of the Israeli Association for the Study of European Integration (2004) 74.
109 See Chevallard, above n 72, at 14. For further analysis, see A Timm, ‘Germany—USA—Israel: Current Attitudes and the Historical Legacy’ in Kühnel, above n 33, at 77.
110 T Broude, ‘From Pax Mercatoria to Pax Europea: How Trade Dispute Procedures Serve the EC’s Regional Hegemony’, Paper presented at the conference ‘The EU in Regional and Bilateral Dispute Settlement’, organised by the Israeli Association for the Study of European Integration in co-operation with the Friedrich Naumann Foundation, The EU–Israel Forum, The German Innovation Centre and the Interdisciplinary Centre, Herzlia (24–25 Oct 2004) at http://www.biu.ac.il/SOC/iasei/ (last visited 18 May 2005). The success of the EU in imposing its own solution must be examined in wider contexts. As Broude has argued, the dispute settlement provisions of most of the EC’s free trade agreements with third parties contribute to the maintenance and management of the EC’s regional economic and political pre-eminence, by encouraging and perpetuating non-judicialised, bilateral diplomatic dispute settlement in which the EC enjoys distinct advantages.
111 See Art 75 of the Association Agreement, as analysed by Reich, above n 26, at 401–3.
112 See the introductory parts of Jackson, JHH, The World Trading System, Law and Policy of International Economic Relations (Cambridge, Mass, MIT, 1997)Google Scholar.
113 Reich, above n 26.
114 Broude, above n 110, at 11.
115 Above n 48, at Art 2(1).
116 Eg R Nachman, Mayor of the City of Ariel in the West Bank, was quick to link in a radio interview with Reshet Bcit (6 Aug 2004) the EU stance with the practice of discriminating against Jews in the Holocaust.
117 Kagan, above n 1.
118 See Magen, above n 61, at 116–17 and 119: close and sustained co-operation between the US and EU Member States is essential if an effective peace and reform strategy for IsraelPalestinians/Eastern Mediterranean is to materialise. Just as America cannot go it alone with ‘hard power’, Europe is unable to deal with the multiple threats emanating from its volatile eastern and southern peripheries by itself.
119 C Patten (then EU External Relations Commissioner), ‘Europe and America—has the Transatlantic Relationship run out of Road?’, Speech made at Lady Margaret Hall, Oxford (13 Feb 2004) as quoted in Magen, above n 61, at 117.
120 Aoun, above n 18, at 289 and 297.
121 Allen, D and Smith, M, ‘External Policy Developments’ (2003) 41 Journal of Common Market Studies 97, 106CrossRefGoogle Scholar.
122 See Haaretz (13 Oct 2004).