The diminishing status of international law in the decisions of the Israeli Supreme Court concerning the Occupied Territories

2020 ◽  
Author(s):  
Tamar Hostovsky Brandes
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Administrative Law ◽  
The Past ◽  
The Supreme Court ◽  
The Status ◽  
Occupied Territories ◽  
The Government ◽  
Israeli Supreme Court ◽  
Governing Law

Abstract This article examines the attitude of the Supreme Court of Israel towards international law in the past decade, focusing on cases concerning the Occupied Territories. It compares the decisions of the past decade to those of the preceding decade, which were characterized as developing a “jurisprudence inspired by international law.” The article argues that the status of international law in decisions that regard the Occupied Territories has, overall, declined. While the international law of occupation still operates, officially, as the governing law in the Occupied Territories, the emphasis on compliance with the norms of international law in the Court’s decisions has decreased. Instead of relying on international law, the Court has increased its reliance on Israeli administrative law, and, in recent years, on Israeli constitutional law. As a result, the distinction between the Occupied Territories and Israel is blurred. The article argues that this shift is consistent with a deliberate eradication of the distinction between Israel and the Occupied Territories by the legislator and the government. While the article does not argue that the Court intentionally supports this eradication, it does argue that it facilitates it.

Summary of Results

2017 ◽  
Author(s):  
Adrian Kuenzler
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Government Agencies ◽  
Property Law ◽  
Trademark Law ◽  
Intellectual Property Law ◽  
The Past ◽  
The Supreme Court ◽  
The Government ◽  
Networked Economy

The persuasive force of the accepted account’s property logic has driven antitrust and intellectual property law jurisprudence for at least the past three decades. It has been through the theory of trademark ownership and the commercial strategy of branding that these laws led the courts to comprehend markets as fundamentally bifurcated—as operating according to discrete types of interbrand and intrabrand competition—a division that had an effect far beyond the confines of trademark law and resonates today in the way government agencies and courts evaluate the emerging challenges of the networked economy along the previously introduced distinction between intertype and intratype competition. While the government in its appeal to the Supreme Court in ...

The Problems and Promise of Spraytech v. Hudson

2002 ◽  
Vol 39 ◽  
pp. 371-385
Author(s):  
Gibran van Ert
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Precautionary Principle ◽  
Supreme Court Of Canada ◽  
The Precautionary Principle ◽  
The Supreme Court ◽  
The Status

SummaryIn Spraytech v. Hudson, the Supreme Court of Canada made a bold declaration on the status of the precautionary principle in international law. While the methodology of the majority is open to criticism, the judgment is a welcome clarification of the court’s groundbreaking decision in Baker v. Canada and, building on that case, offers the prospect of a truly internationalized Canadian jurisprudence. In a postscript to this comment, the judgment of the Supreme Court of Canada in Suresh v. Canada is briefly considered.

The Status of the Bihari Community in Bangladesh under Domestic and International Law

2018 ◽  
Vol 25 (4) ◽  
pp. 664-678
Author(s):  
Md. Kamrul Hasan Arif
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Country Of Origin ◽  
International Organisations ◽  
Citizenship Status ◽  
The Supreme Court ◽  
The Status ◽  
Different Parts

The problems concerning the Bihari community is one of the oldest long-standing issues between Bangladesh and Pakistan. In 1971, after the independence of Bangladesh, the Bihari lost their citizenship. Presently, they are stateless and living in various camps in different parts of Bangladesh. This community wanted to be repatriated to their own country, Pakistan, but it denied them citizenship status, although a large number have been repatriated to Pakistan as their country of origin. Recently, in March 2015 the Supreme Court of Pakistan rejected the issue of stranded Pakistanis in Bangladesh regarding repatriation or taking these people back. This article has tried to determine the status of the Bihari community, what a lasting solution might be, and what the role is of international organisations in helping this community under domestic and international law.

scholarly journals Ahani v. Canada: A Persuasive Dialogue within the Courts

Refuge ◽  
2003 ◽  
pp. 120-129
Author(s):  
Adrian Di Giovanni
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Canadian Law ◽  
The Supreme Court ◽  
The Status ◽  
Peremptory Norms

This paper is a comment on Ahani v. Canada (OCA). Canadian courts are presently involved in a dialogue over the role of international law domestically. The courts’ own grappling with various norms of international law, however, has helped to clarify and reinforce the status of these norms. In Baker v. Canada, the Supreme Court gave a new prominence to the “persuasive approach” of applying international law. Ahani demonstrates that while the persuasive approach has begun to be internalized into Canadian law, the courts are still at odds with how persuasive international law should be. To complicate this account, the Supreme Court’s discussion in Suresh of peremptory norms of international law demonstrates that an over-emphasis on the “persuasive” approach can in fact weaken the role of international law domestically. At the same time, the dialogue within the courts is linked to a much more general dialogue. The importance of cases such as Ahani ultimately stretches beyond the domestic context.

Domesticating Treaties in the Legal System of South Sudan – A Monist or Dualist Approach?

2020 ◽  
Vol 28 (3) ◽  
pp. 378-400
Author(s):  
Ruben S. P. Valfredo
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Legal System ◽  
South Sudan ◽  
Status Quo ◽  
Treaty Ratification ◽  
The Supreme Court ◽  
The Status ◽  
Mixed Approach ◽  
International Conventions

This article examines the approach for the domestication of treaties in South Sudan. Such examination is undergone in light of the theories for the domestication of international law norms into the domestic legal systems of state members of the international community. The article establishes that the approach in South Sudan is not clearly indicated, and seems to be inconsistent with regard to the practice of various institutions linked to the domestication of treaties process in South Sudan. However, the article expands on two foundations: the status quo and the ‘ought to be’ approach. The article argues that the approach as it exists seems to be a monist rather than a dualist approach. This is evident from the indicators of South Sudan's constitutional, legislative and judicial settings such as the text of the Transitional Constitution of South Sudan 2011, the treaty ratification process, the practices of the National Legislative Assembly in respect of international conventions and a judicial circular issued by the Supreme Court of South Sudan. Furthermore, the article advances that the ‘as ought to exist’ approach needs to be a clearly mixed approach, partly monist and partly dualist. Such approach combines the advantages associated with each approach in one place. The article recommends that there is a need to have a well informed, well established and clear status in respect of the domestication approach guided by the various arrangements and settings highlighted above. It may also take account of the various states’ attitudes towards international law and the legal school of thought which forms the basis of South Sudan legal system. Such recommendation could be materialised via an act of parliament, a regulation or a practice manual.

The Status of Non-Implemented EEA Law in Iceland: Lessons from the Judicial Reactions of the Supreme Court to International Law

2011 ◽  
Vol 80 (4) ◽  
pp. 425-458
Author(s):  
Ólafur Ísberg Hannesson
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Direct Effect ◽  
Legal Status ◽  
European Convention ◽  
Trade Association ◽  
European Economic Area ◽  
European Free Trade Association ◽  
The Supreme Court ◽  
The Status

AbstractIn October 2007, the European Free Trade Association (EFTA) Court confirmed that the doctrines of direct effect and primacy could not be generated by the European Economic Area (EEA) Agreement alone. Rather, the effects of non-implemented EEA provisions were to remain in the hands of the EFTA States. Hence, the relevant question is what weight should be accorded to such norms in domestic law? The Icelandic Supreme Court has yet to take a stance on the direct effect question relation to incorrectly or insufficiently transposed EEA law. The issue has, however, been addressed several times in connection with the European Convention on Human Rights, before its incorporation. In order to address the unclear legal status of EEA norms in Icelandic law, this contribution takes a closer look at the judicial attitude of the Supreme Court taken towards international law in general and the Convention in particular. The perceived differences between EEA law and the Convention have made it easy for observers to dismiss such comparison on the grounds that the two kinds of legal regime are not readily comparable. The article questions these apparent differences by pointing out that EEA law in fact shares all of the features of the Convention that led judges to enforce it in the Icelandic legal order.

The Practice and Case Law of Israel in Matters Related to International Law

1997 ◽  
Vol 31 (4) ◽  
pp. 803-853 ◽  
Author(s):  
Rotem M. Giladi
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Case Law ◽  
The United States ◽  
District Court ◽  
Sovereign Immunity ◽  
The Supreme Court ◽  
Civil Suit ◽  
The Subject ◽  
The Government

The case of the Canadian ambassador's residence has been the subject of several court decisions at various instances in Israel. These decisions (as well as others relating to the doctrine of sovereign immunity) have been reviewed in former issues of this section. On June 3, 1997, the Supreme Court, in its appellate jurisdiction, gave its judgment in this case and delineated the application of the international law doctrine of sovereign immunity in Israeli law. In a different case decided on the last day of 1996, the Tel-Aviv District Court was required to rule on the applicability of this doctrine to a civil suit brought against the government of the United States of America. This District Court decision now needs to be examined in light of the recent ruling of the Supreme Court in theEdelsoncase.

A Decade Later and Still on Target: Revisiting the 2006 Israeli Targeted Killing Decision

2016 ◽  
Vol 7 (1) ◽  
pp. 88-128 ◽  
Author(s):  
Tamar Meshel
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Armed Conflict ◽  
Legal Framework ◽  
Targeted Killing ◽  
State Terror ◽  
Counter Terrorism ◽  
The Past ◽  
Israeli Supreme Court ◽  
The Impact

The increasing use by States of extraterritorial targeted killing as a counter-terrorism tool in recent years has given rise to controversial questions concerning its legality under international law. This article first explores the international legal regimes purporting to govern State-sponsored targeted killing and evaluates their ability to effectively regulate it. It then focuses on the use of targeted killing by States against members of non-State terror groups in an international armed conflict. In this regard, the article revisits the 2006 landmark decision of the Israeli Supreme Court in the Targeted Killing case and evaluates its influence and legacy over the past decade. It argues that this decision remains relevant and instructive since it exposes some of the lingering weaknesses of international law in governing the use of targeted killing as a counter-terrorism tool, while at the same time demonstrating how such weaknesses may be overcome within the existing international legal framework. The impact of the decision in this regard is clearly evident in the evolution of Israel’s targeted killing practice over the past decade.

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