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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. 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.
A critical legal study of religion and state relations in Israel focusing on the religiously entrapped Palestinian-Arab individuals.
The papers contained in this book reflect the ideas presented at the colloquium held on the same subject. The event, sponsored by the Nordmann Foundation, was organized to the memory of the late Jean Nordmann by Prof. Claude Klein, Jerusalem, and Prof. Thomas Fleiner, Institute of Federalism, University of Fribourg. Jean Nordmann and his family have always supported the good relations between the University of Fribourg and the Hebrew University in Jerusalem. The Nordmann Foundation was later created to develop further the cooperation between the two universities, thus contributing substantially to the understanding of the Jewish and Christian communities, notably in Switzerland.
This text traces the contours of US doctrinal developments concerning international commercial arbitration. It explores international commercial arbitration as a bridge that creates symmetry between what the author perceives as an anomaly arising from the disparities between the monolithic framework arising from economic globalization and a fragmented global judicial counterpart. Specifically, American common law discovery precepts are analyzed through the prism of the fundamental precepts of party-autonomy, predictability, uniformity, and transparency of spender, which the author contends to be the rudimentary tenets of both the American common law procedural rubric and the very principles that international commercial arbitration seeks not only to preserve but to enhance. Therefore, as the author asserts, the discovery process endemic to American common law comports more closely with international commercial arbitration both procedurally and theoretically than with those of the 'taking of evidence' methodology commonly used in international commercial arbitrations held under the auspices of arbitral institutional bodies.
The volume serves as reference point for anyone interested in the Middle East and North Africa as well as for those interested in women's rights and family law, generally or in the MENA region. It is the only book covering personal status codes of nearly a dozen countries. It covers Muslim family law in the following Middle East/north African countries: Tunisia, Egypt, Morocco, Algeria, Iraq, Lebanon, Jordan, Israel, Palestine, and Qatar. Some of these countries were heavily affected by the Arab Spring, and some were not. With authors from around the world, each chapter of the book provides a history of personal status law both before and after the revolutionary period. Tunisia emerges as the country that made the most significant progress politically and with respect to women's rights. A decade on from the Arab Spring, across the region there is more evidence of stasis than change.
With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its applica...
This balanced and comprehensive text explores Israeli government and politics from both institutional and behavioral perspectives. After briefly discussing Israel’s history and the early development of the state, Gregory Mahler then examines the social, religious, economic, cultural, and military contexts within which Israeli politics takes place. He makes special note of Israel’s geopolitical situation of sharing borders with, and being proximate to, several hostile Arab nations. The book explains the operation of political institutions and behavior in Israeli domestic politics, including the constitutional system and ideology, parliamentary government, the prime minister and the Knesse...
Arguing that a comprehensive and lasting solution to the Israeli-Palestinian conflict depends on a resolution of the Jewish-Palestinian conflict within Israel as much as it does on resolving the conflict between Israel and Palestinians in the Occupied Territories, this timely book explores the causes and consequences of the growing conflict between Israel's Jewish majority and its Palestinian-Arab minority. It warns that if Jewish-Arab relations in Israel continue to deteriorate, this will pose a serious threat to the stability of Israel, to the quality of Israeli democracy, and to the potential for peace in the Middle East. The book examines the views and attitudes of both the Palestinian minority and the Jewish majority, as well as the Israeli state's historic approach to its Arab citizens. Drawing upon the experience of other states with national minorities, the authors put forward specific proposals for safeguarding and enhancing the rights of the Palestinian minority while maintaining the country's Jewish identity.