Choice of Law Under Occupation: How Israeli Law Came to Serve Palestinian Plaintiffs

72 Pages Posted: 11 Nov 2008

See all articles by Michael M. Karayanni

Michael M. Karayanni

Hebrew University of Jerusalem - Faculty of Law

Date Written: August 28, 2008

Abstract

Conflict of laws doctrines can evolve in a manner that accommodates special inter-jurisdictional relations, such as federal and confederate schemes of government. Apparently, such doctrines also evolve in order to accommodate yet another mode of inter-jurisdictional relation, namely that of occupation. This article seeks to explore the molding of Israeli choice-of-law doctrine in respect of civil disputes implicating litigants from the West Bank and the Gaza Strip when these territories were still under total Israeli occupation. Beyond the special conflicts concerns articulated in this context, the articles reveals how choice-of-law fairness concerns could be of special value in the context of territorial occupation - a direction in which two recent Israeli Supreme Court decisions seems to be heading.

Keywords: choice of law, occupation, Israeli-Palestinian relations

JEL Classification: K33, K41

Suggested Citation

Karayanni, Michael M., Choice of Law Under Occupation: How Israeli Law Came to Serve Palestinian Plaintiffs (August 28, 2008). Available at SSRN: https://ssrn.com/abstract=1299541 or http://dx.doi.org/10.2139/ssrn.1299541

Michael M. Karayanni (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel
972-2-5882542 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
181
Abstract Views
807
rank
171,801
PlumX Metrics