Choice of Law Under Occupation: How Israeli Law Came to Serve Palestinian Plaintiffs
72 Pages Posted: 11 Nov 2008
Date Written: August 28, 2008
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: Suggested Citation