International Law and the Israeli Legal System

INTERNATIONAL LAW AND DOMESTIC LEGAL SYSTEMS, p. 288, Dinah L. Shelton, ed., Oxford University Press, 2011

66 Pages Posted: 14 Sep 2011 Last revised: 3 Oct 2011

See all articles by Talia Einhorn

Talia Einhorn

Tel Aviv University - Faculty of Management; Ariel University

Date Written: September 30, 2010

Abstract

This paper analyzes the whole range of interactions between international law and the Israeli legal system:

Treaties – the treaty-making power, how domestic courts interpret treaties (the rule of interpretation and rule of presumption; issues of standing; the reference to treaties to which Israel is not a party);

Customary law and its hierarchy and application in Israeli law;

Legislative provisions and regulations calling for the application of international law;

The hierarchy of international law within the Israeli legal system – judicial doctrines, recognition of jus cogens, and the extent to which courts use international law to interpret constitutional norms and the scope of fundamental rights;

Jurisdiction in matters of international criminal law, as well as the enforcement of civil law judgments rendered in another country for international law violations;

Other sources of international law that are relied upon in the Israeli legal system – e.g., resolutions and decisions of international organization and international jurisprudence and decisions of international courts and tribunals.

The paper was written as a national report within the framework of the 18th Congress of Comparative Law (General Rapporteur: Professor Dinah L. Shelton, George Washington University). The final, edited reports are forthcoming in a book, to be published by Oxford University Press.

Keywords: International Law, Israeli Law, Treaties, Customary Law, Sources of International Law, International Criminal Jurisdiction

JEL Classification: K33

Suggested Citation

Einhorn, Talia, International Law and the Israeli Legal System (September 30, 2010). INTERNATIONAL LAW AND DOMESTIC LEGAL SYSTEMS, p. 288, Dinah L. Shelton, ed., Oxford University Press, 2011, Available at SSRN: https://ssrn.com/abstract=1926988

Talia Einhorn (Contact Author)

Tel Aviv University - Faculty of Management ( email )

P.O. Box 39010
Ramat Aviv, Tel Aviv, 6139001
Israel
+972548181540 (Phone)

HOME PAGE: http://taliaeinhorn.com

Ariel University ( email )

Ariel
Israel
+972-54-8181540 (Phone)

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