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Conflicts in a Conflict - A Conflict of Laws Case Study on Israel and the Palestinian Territories (Hardcover)
Loot Price: R4,312
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Conflicts in a Conflict - A Conflict of Laws Case Study on Israel and the Palestinian Territories (Hardcover)
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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 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.
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