Does Israel Follow the Law? A Critical Analysis of Israel's Application of the International Law of Belligerent Occupation in the Occupied Territories

Israel's occupation of territories it captured in 1967 has become one of the longest and most controversial occupations of the last fifty years. Eschewing the traditional political analysis of the Israeli-Palestinian conflict, this paper aims to explore whether Israel has adequately applied international law in the occupied territories, in particular, the law of belligerent occupation. The two actors under assessment are the Israeli government, particularly its military which enforces and maintains the law in the territories, and the Supreme Court of Israel, which has the power of review over military actions in the territories. The particular issues of the occupation that are critically analyzed are the general legal framework that Israel established in the territories, Israel's civilian settlement policy in territories, and Israel's construction of a barrier in the West Bank. This paper concludes that Israel has incorrectly applied the legal framework of belligerent occupation by refusing to apply the Fourth Geneva Convention; it has wrongly concluded that the establishment of civilian settlements in the territories conform with international law; yet it has rightly concluded that the construction of the barrier in the West Bank is permissible under international law, in contrast to the conclusion of the much publicized International Court of Justice's Advisory Opinion on the 'Wall.' Along with these general assessments, the author will also provide some historical and political insight into why the Israeli government and the Supreme Court may have applied the law in the way that they did.

Talking with the “pouvoir constituant” in times of constitutional reform: The European Court of Justice on Private Applicants’ Access to Justice. Research Paper in Law 3/2003

[From the Introduction]. European lawyers, at least those dealing predominantly with institutional matters, are living particularly interesting times since the setting-up of the “European Convention on the Future of Europe” in December 2001.1 As the Convention’s mandate, spelled out in rather broad terms in the European Council’s declaration of Laeken,2 is potentially unlimited, and as the future constitution of the European Union (EU) will be ultimately adopted by the subsequent Intergovernmental Conference (IGC), there appears to be a great possibility to clarify, to simplify and also to reform many of the more controversial elements in the European legal construction. The present debate on the future of the European constitution also highlights the relationship between the pouvoir constituant3 and the European Courts, the Court of Justice (ECJ) and its Court of First Instance (CFI), who have to interpret the basic rules and principles of the EU.4 In that light, the present article will focus on a classic theme of the Court’s case law: the relationship between judges and pouvoir constituant. In the EU, this relationship has traditionally been marked by the ECJ’s role as driving force in the “constitutionalisation” of the EC Treaties – which has, to a large extent, been accepted and even codified by the Member States in subsequent treaty revisions. However, since 1994, the ECJ appears to be more reluctant to act as a “law-maker.”5 The recent judgment in Unión de Pequeños Agricultores (UPA)6 – an important decision by which the ECJ refused to liberalize individuals’ access to the Community Courts – is also interesting in this context. UPA may be seen as another proof of judicial restraint - or even as indicator of the beginning of a new phase in the “constitutional dialogue” between the ECJ and the “Masters of the Treaties.”

Handbook of the law of Mexican commercial corporations, including foreign corporations in Mexico (in English) containing explanations of the system of laws of the republic of Mexico and the law of the contract, management and operations of general corporations organized in Mexico; as well as of foreign corporations operating therein; together with complete forms for use by lawyers and corporate officials,

Mode of access: Internet.

The law of charitable uses : argument of Wm. Curtis Noyes, before the Court of Appeals of the State of New York, in the case of Beekman, administrator, &c., against the people, &c., and others, in behalf of Thomas Beekman, one of the respondents, with an appendix containing the will.

W. Barthrop's will and codicils: p. 93-102.

County electors act, 1888: with notes on the changes made in the law of parliamentary and municipal registration for the purpose of forming a register of persons qualified to vote at elections of county and district councillors.

Mode of access: Internet.

Adjudged words and phrases : being a collection of adjudicated definitions of terms used in the law, with references to authorities /

Mode of access: Internet.

The law of joint stock companies, as altered by the Act of 1862. Including banking, insurance, mining and general companies. With the whole law of winding up. With an appendix of statutes, general rules and forms in Chancery, &c.

Originally published , 1856, under title: The Joint stock companies act, 1856. cf. Brit. mus. Catalogue.

Abridged notes of cases argued and determined in the several courts of law and equity in Ireland : with some decisions at Nisi Prius and on the circuits : a table of cases and index to the principal matters.

Edited by George Crawford and Edward Spenser Dix.

A digest of the law of evidence as established in the United States : adapted from the English work of Sir James Fitzjames Stephen, with references to decisions of the federal and state courts /

Of the original 143 articles of evidence, 23 are entirely reworked, and 47 more altered to accomodate an American audience.

The law of insurance of the state of Ohio : including fire, life, accident, casualty, quaranty, mutual benefit, fraternal and marine insurance, and pleading, practice and evidence relating thereto, as determined by the courts and contained in the statutes ... from the earliest period to date of publication, with full annotations from the decisions of the courts of Ohio and other states /

Includes bibliographical references and index.

Commentaries on the law of suretyship, and the rights and obligations of the parties thereto, and herein of obligations in solido, under the laws of England, Scotland, and other states of Europe, the British colonies, and United States of America, and on the conflict of those laws.

"List of continental authors cited": p. [xi]-xvi; "American authorities": p. [xvii]-xviii.

A treatise of the law of waters; including the law relating to rights in the sea, and rights concerning rivers, canals, dock companies, fisheries, mills, water-courses, &c. with a note concerning the rights of the Crown to the land between high and low water mark.

"The law of sewers has been separately published in a second edition, and is, therefore, withdrawn from this second edition of the Law of waters."--2d prelim. leaf.