Boycotts, Divestment, Sanctions and the Law

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Boycotts, divestment and sanctions (BDS) could have an increasingly significant impact if the threat is ignored. Israel’s opponents are developing their tactics all the time and they may benefit from greater political and public support if Israel is blamed for a breakdown in negotiations with the Palestinians. They may also be bolstered if the International Criminal Court accepts the accession of “Palestine” as a “state”. Equally, the impact of BDS to date has been limited and has been exaggerated by its proponents. More importantly, much can be done by Israeli businesses and other actors to limit the potential future impact of BDS by prudent legal and commercial strategies.

This article seeks to review some of the legal implications of BDS and identify some arguments and strategies that can be developed in response to it.