Conflicts in a Conflict: A Conflict of Laws Case Study on Israel and the Palestinian Territories

Hardcover | June 11, 2014

byMichael KarayanniEditorCenter for International Legal Education

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Conflicts in a Conflict outlines and analyzes the legal doctrines instructing the Israeli courts in private and civil disputes involving the Occupied Palestinian Territories of the West Bank and the Gaza Strip, since 1967 until the present day. In doing so, author, Michael Karayanni shedslight on a whole sphere of legal designs and norms that have not received any thorough scholarly attention, as most of the writings thus far have been on issues pertaining to international law, human rights, history, and politics. For the most part, Israeli courts turned to conflict of laws, orprivate international law to address private disputes implicating the Palestinian Territories. 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, Conflicts in a Conflict comes to focus ontraditional 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 accessto justice rights, are also outlined and analyzed. This book's compelling thesis is the existence of a close relationship between conflict of laws doctrines as they developed over the years and Israeli policies generally in respect of the Palestinian Territories. This study of the conflict of laws in a war setting and conflict of laws in ajurisdictionally ambiguous location, will greatly serve scholars and practitioners in similarly troubled and complex legal situations elsewhere.

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Conflicts in a Conflict outlines and analyzes the legal doctrines instructing the Israeli courts in private and civil disputes involving the Occupied Palestinian Territories of the West Bank and the Gaza Strip, since 1967 until the present day. In doing so, author, Michael Karayanni shedslight on a whole sphere of legal designs and nor...

Michael Karayanni is the Bruce W. Wayne Professor of International Law at the Hebrew University of Jerusalem. He has held visiting positions at the Max Planck Institute for Comparative and International Private Law (Hamburg), the Institute for Advanced Study in Princeton, Stanford University Law School, Melbourne University School of L...
Format:HardcoverDimensions:304 pages, 10 × 7 × 0.98 inPublished:June 11, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199873712

ISBN - 13:9780199873715

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Table of Contents

Introduction1. Jurisdictional DesignsA. The 1967 Six-Day War and Its AftermathB. East JerusalemC. The Golan HeightsD. The Sinai PeninsulaE. The Palestinian Territories of the West Bank and the Gaza StripF. The Israeli Settlement ProjectG. Legally Accommodating the SettlementsH. The Oslo Peace Accords and the Establishment of the Palestinian AuthorityI. Post-Oslo Developments2. Personal JurisdictionA. On the Jurisdiction of Courts to Adjudicate Civil Disputes-General RemarksB. The International Jurisdiction of Israeli Courts in Actions in PersonamC. Designing International Jurisdiction of Israeli Courts towards the PTD. The Evolution of Personal Jurisdiction Doctrine in Context3. Jurisdictional Restrictions in Actions Pertaining to Land, Personal Status, and the Palestinian AuthorityA. International Jurisdiction over Subject MatterB. Jurisdiction over PT LandC. Jurisdiction over Matters of Personal StatusD. Sovereign Immunity for the Palestinian AuthorityE. Summary4. Choice of LawIntroductionA. Choosing the Law through Legislative DesignsB. Choice of Law in TortsC. Choice of Law in ContractsD. On Equal Treatment and the Choice of Law ProcessE. The Principle of Fairness in the Choice of Law Process5. Judgments and Access to JusticeIntroductionA. PT Judgments in IsraelB. Israeli Access to Justice Principles and Palestinian PlaintiffsBibliographyIndex