Search Results

This book opens a cross-regional dialogue and shifts the Eurocentric discussion on diversity and integration to a more inclusive engagement with South America in private international law issues. It promotes a contemporary vision of private international law as a discipline enabling legal interconnectivity, with the potential to transcend its disciplinary boundaries to further promote the reality of cross-border integration, with its focus on the ever-increasing cross-border mobility of individuals. Private international law embraces legal diversity and pluralism. Different legal traditions continue to meet, interact and integrate in different forms, at the national, regional and international levels. Different systems of substantive law couple with divergent systems of private international law (designed to accommodate the former in cross-border situations). This complex legal landscape impacts individuals and families in cross-border scenarios, and international commerce broadly conceived. Private international law methodologies and techniques offer means for the coordination of this constellation of legal orders and value systems in cross-border situations. Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions in Europe and South America, this edited collection focuses on the connective capabilities of private international law in bridging and balancing legal diversity as a corollary for the development of integration. The book provides in-depth analysis of the role of private international law in dealing with legal diversity across a diverse range of topics and jurisdictions.

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.