Control of Economic Activity (Occupied Territories) Bill 2018

Clanrickard

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This bill if enacted would make it an offence "make it an offence fora person to import or sell goods or services originating in an occupied territory or to extract resources from an occupied territory in certain circumstances;". No prizes for guessing who is the target of this bill but is not mentioned by name. But reading the bill it is clear that other areas like Nagorno-Karabakh, Western Sahara and of course Crimea could also fall under this bill.

There is a piece here http://thehill.com/opinion/international/371302-irish-bill-to-boycott-israeli-settlements-runs-afoul-of-us-laws on the US angle which applies to Israel but also would apply to the other countries. Two points stand out......

If enacted, it could put leading U.S. companies with Irish subsidiaries to a choice between violating the Irish law or violating the U.S. Export Administration Regulations, which require U.S. firms to refuse to participate in foreign boycotts that the United States does not sanction.
The piece also mentions that many US companies based in Ireland would run foul of..........

two dozen U.S. state lawswhich impose sanctions on companies that boycott Israel. For example, Illinois law requires that Illinois’ state-funded retirement systems divest from “companies that boycott Israel.” “Boycott Israel” is defined to include:
“Engaging in actions that are politically motivated and are intended to penalize, inflict economic harm on, or otherwise limit commercial relations with the State of Israel or companies based in the State of Israel or in territories controlled by the State of Israel.”

The piece goes on to also add............

Indeed, the Irish bill, if enacted, would be inconsistent with EU and international law. For example, the EU has exclusive competence for the common commercial policy and member states are not permitted to adopt unilateral restrictions on imports into the EU.
This bill would put Ireland on a collision course with some very powerful vested interests in the US and possibly annoy Russia if Crimea is included. If we are going to boycott a country or area surely we should do it is as part of a general EU approach?
 
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D

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What does the bill use as its definition of an occupied territory?
 

former wesleyan

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artfoley56

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What does the bill use as its definition of an occupied territory?
Occupied territory
3. (1) In this Act, “relevant occupied territory” means a territory which is occupied within
the meaning of the Fourth Geneva Convention, and which has been—
(a) confirmed as such in a decision or advisory opinion of the International Court of
Justice,
(b) confirmed as such in a decision of the International Criminal Court,
(c) confirmed as such in a decision of an international tribunal, or
(d) designated as such for the purposes of this Act in a regulation made by the
Minister pursuant to section 4.
(2) The Minister shall publish on the internet and maintain a list of all territories for the
time being constituting a relevant occupied territory under this section.
 
D

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Occupied territory
3. (1) In this Act, “relevant occupied territory” means a territory which is occupied within
the meaning of the Fourth Geneva Convention, and which has been—
(a) confirmed as such in a decision or advisory opinion of the International Court of
Justice,
(b) confirmed as such in a decision of the International Criminal Court,
(c) confirmed as such in a decision of an international tribunal, or
(d) designated as such for the purposes of this Act in a regulation made by the
Minister pursuant to section 4.
(2) The Minister shall publish on the internet and maintain a list of all territories for the
time being constituting a relevant occupied territory under this section.
Thanks for that.

Open to wide interpretation there... All the way from the ICJ tells us, to the ICC tells us, to an "international tribunal" (dubious as to what that might constitute), to finally, Ah sher, whatever the Minister deems it.

So...Pakistan? Okinawa? Rammstein? Gibraltar? Ceuta? Blanchardstown Shopping Centre?
 

Clanrickard

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Thanks for that.

Open to wide interpretation there... All the way from the ICJ tells us, to the ICC tells us, to an "international tribunal" (dubious as to what that might constitute), to finally, Ah sher, whatever the Minister deems it.

So...Pakistan? Okinawa? Rammstein? Gibraltar? Ceuta? Blanchardstown Shopping Centre?
Exactly. Black cones across as a virtue signalling fool. She has not thought this through. Already West Bank produce must be labelled as such so let people make up their own minds.
 

Analyzer

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Will this apply to the Brussels run debtors prison protectorate on the Aegan ?

 

Analyzer

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And then there is the issue of TIBET !!!!!!
 

Clanrickard

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And then there is the issue of TIBET !!!!!!
They will weasel out of that one by saying no tribunal or court has held that China is illegally occupying Tibet. There is also the small matter of deciding which produce is pruced ny settlers and which by Palestinians.
 

Analyzer

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They will weasel out of that one by saying no tribunal or court has held that China is illegally occupying Tibet. There is also the small matter of deciding which produce is pruced ny settlers and which by Palestinians.
Beijing's occupation of Tibet, is not with the consent of the native people of Tibet.

It is as effective, an occupation as you will find anywhere.

As far as we know the spiritual leader of the Tibetan people, the Dalai Lama has not yet called for a religion inspired war to drive the Han Chinese into the sea.

Presumably, Paul Murphy and Ruth noCopWhinger do not have any virtue signalling ambitions in respect of the PRC....
 

Clanrickard

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Beijing's occupation of Tibet, is not with the consent of the native people of Tibet.

It is as effective, an occupation as you will find anywhere.

As far as we know the spiritual leader of the Tibetan people, the Dalai Lama has not yet called for a religion inspired war to drive the Han Chinese into the sea.

Presumably, Paul Murphy and Ruth noCopWhinger do not have any virtue signalling ambitions in respect of the PRC....
If it is not a Western country especially US and Israel, they don't want to know.
 

former wesleyan

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Exactly. Black cones across as a virtue signalling fool. She has not thought this through. Already West Bank produce must be labelled as such so let people make up their own minds.
Francis is a signatory to the Irish Artists boycott of Israel. That's Israel proper, not the West Bank and Gaza.
 

Strawberry

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I can't see how this bill would ever be passed - it would be incompatible with EU law and single market membership, surely?
 

statsman

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I can't see how this bill would ever be passed - it would be incompatible with EU law and single market membership, surely?
It's not intended to be passed, it's intended to make a few people feel good about themselves.
 

Analyzer

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Exactly. Black cones across as a virtue signalling fool. She has not thought this through. Already West Bank produce must be labelled as such so let people make up their own minds.
Every celebrity who virtue signals thinks it through. They think of the free publicity that they will get.
 


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