The European Union has long been confronted with unlawful occupations and annexations in its neighbourhood, situations that test the coherence, credibility and legality of its external action. This article examines the EU’s responses to such territorial situationsin light of the international obligations binding on international organizations, in particular the duties of nonrecognition and non-assistance. It shows that while these obligations appear straightforward, their implementation is constrained by political, economic and strategic considerations that generate uneven and sometimes inconsistent EU practice. The analysis identifies the legal techniques through which the EU has sought to give effect to its international obligations when confronted with unlawful occupations and annexations, the areas in which it has fallen short, and the ways in which its practice in this domain has contributed to the development of international law. The article argues that moral, political and strategic considerations provide compelling reasons for a more principled and consistent EU approach to such territorial situations.
Common Market Law Review