Full Description
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 sheds light 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, or private 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 on traditional 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.
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 a jurisdictionally ambiguous location, will greatly serve scholars and practitioners in similarly troubled and complex legal situations elsewhere.
Contents
Introduction ; Chapter 1: Jurisdictional Designs ; A. The 1967 Six-Day War and Its Aftermath ; B. East Jerusalem ; C. The Golan Heights ; D. The Sinai Peninsula ; E. The Palestinian Territories of the West Bank and the Gaza Strip ; F. The Israeli Settlement Project ; G. Legally Accommodating the Settlements ; H. The Oslo Peace Accords and the Establishment of the Palestinian Authority ; I. Post-Oslo Developments ; Chapter 2: Personal Jurisdiction ; A. On the Jurisdiction of Courts to Adjudicate Civil Disputes-General Remarks ; B. The International Jurisdiction of Israeli Courts in Actions in Personam ; C. Designing International Jurisdiction of Israeli Courts towards the PT ; D. The Evolution of Personal Jurisdiction Doctrine in Context ; Chapter 3: Jurisdictional Restrictions in Actions Pertaining to Land, Personal Status, and the Palestinian Authority ; A. International Jurisdiction over Subject Matter ; B. Jurisdiction over PT Land ; C. Jurisdiction over Matters of Personal Status ; D. Sovereign Immunity for the Palestinian Authority ; E. Summary ; Chapter 4: Choice of Law ; Introduction ; A. Choosing the Law through Legislative Designs ; B. Choice of Law in Torts ; C. Choice of Law in Contracts ; D. On Equal Treatment and the Choice of Law Process ; E. The Principle of Fairness in the Choice of Law Process ; Chapter 5: Judgments and Access to Justice ; Introduction ; A. PT Judgments in Israel ; B. Israeli Access to Justice Principles and Palestinian Plaintiffs ; Bibliography ; Index
