Conflicts in a Conflict: A Conflict of Laws Case Study on Israel and the Palestinian Territories
Michael Karayanni
Abstract
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 ... 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.
Keywords:
conflict of laws,
choice of law theory,
Israeli-Palestinian conflict,
politics and law,
cross-border dispute resolution,
jurisdiction,
sovereign immunity
Bibliographic Information
| Print publication date: 2014 |
Print ISBN-13: 9780199873715 |
| Published to Oxford Scholarship Online: May 2014 |
DOI:10.1093/acprof:oso/9780199873715.001.0001 |
