Michael Karayanni
- Published in print:
- 2014
- Published Online:
- May 2014
- ISBN:
- 9780199873715
- eISBN:
- 9780199366477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199873715.003.0004
- Subject:
- Law, Private International Law
Considering the application of Israeli law or Palestinian Territories law in pending civil disputes, i.e. the choice of law question, is the subject of this chapter. In addition to the choice of law ...
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Considering the application of Israeli law or Palestinian Territories law in pending civil disputes, i.e. the choice of law question, is the subject of this chapter. In addition to the choice of law rules applied by Israeli courts in order to resolve the choice of law question (mainly in torts and employment contracts), this chapter deals with other legal mechanisms that also worked to define the scope of application of Israeli law and Palestinian Territory law. The chapter highlights two such legal mechanisms: one is the importation of Israeli law into the local Palestinian Territories law by military orders, and the second is the extraterritorial application of Israeli law to the Palestinian Territories. The discussion also deals with the way notions of political fairness should influence choice of law calculations in the context of military occupation.Less
Considering the application of Israeli law or Palestinian Territories law in pending civil disputes, i.e. the choice of law question, is the subject of this chapter. In addition to the choice of law rules applied by Israeli courts in order to resolve the choice of law question (mainly in torts and employment contracts), this chapter deals with other legal mechanisms that also worked to define the scope of application of Israeli law and Palestinian Territory law. The chapter highlights two such legal mechanisms: one is the importation of Israeli law into the local Palestinian Territories law by military orders, and the second is the extraterritorial application of Israeli law to the Palestinian Territories. The discussion also deals with the way notions of political fairness should influence choice of law calculations in the context of military occupation.
Michael Karayanni
- Published in print:
- 2014
- Published Online:
- May 2014
- ISBN:
- 9780199873715
- eISBN:
- 9780199366477
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199873715.001.0001
- Subject:
- Law, Private International Law
This book outlines and analyzes the legal doctrines that instructed Israeli courts when dealing with private-civil disputes implicating the Occupied Palestinian Territories of the West Bank and the ...
More
This book outlines and analyzes the legal doctrines that instructed Israeli courts when dealing with private-civil disputes implicating the Occupied Palestinian Territories of the West Bank and the Gaza Strip since 1967 until present day. The book sheds light on a whole sphere of legal designs and norms that hereto have not received any thorough scholarly attention. For the most part, the legal discipline that Israeli courts turned to in order to deal with such disputes was that of the conflict of laws. After making a thorough investigation into the jurisdictional designs of the West Bank and the Gaza Strip, both before and after the Oslo Peace Accords, the discussion focuses on traditional conflicts topics such as adjudicative jurisdiction, choice of law, and recognitions and enforcement of judgments. Related issues such as the foreign sovereign immunity claim of the Palestinian Authority before Israeli courts as well as the extent to which Palestinian plaintiffs were granted access to justice rights are also outlined and analyzed. Capturing the evolution of Israeli conflict of laws doctrines in the context of a prolonged conflict opens a new dimension into studying the overlap between political policies that guide state institutions and those that guide courts when they resolve private disputes.Less
This book outlines and analyzes the legal doctrines that instructed Israeli courts when dealing with private-civil disputes implicating the Occupied Palestinian Territories of the West Bank and the Gaza Strip since 1967 until present day. The book sheds light on a whole sphere of legal designs and norms that hereto have not received any thorough scholarly attention. For the most part, the legal discipline that Israeli courts turned to in order to deal with such disputes was that of the conflict of laws. After making a thorough investigation into the jurisdictional designs of the West Bank and the Gaza Strip, both before and after the Oslo Peace Accords, the discussion focuses on traditional conflicts topics such as adjudicative jurisdiction, choice of law, and recognitions and enforcement of judgments. Related issues such as the foreign sovereign immunity claim of the Palestinian Authority before Israeli courts as well as the extent to which Palestinian plaintiffs were granted access to justice rights are also outlined and analyzed. Capturing the evolution of Israeli conflict of laws doctrines in the context of a prolonged conflict opens a new dimension into studying the overlap between political policies that guide state institutions and those that guide courts when they resolve private disputes.
