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A judgment in a civil matter rendered in a foreign country is not automatically recognized in Israel. Before a judgment will be recognized or enforced, it must first undergo a domestic integration process. A declaration that a foreign judgment is enforceable in Israel is dependent upon its meeting certain conditions specified by statute, irrespective of whether recognition of the foreign judgment is indirect or direct. These conditions serve as the main route for giving validity to foreign in rem judgments and to personal status judgments, which cannot otherwise be enforced; recognition of a judgment as enforceable, however, enables it to be executed. The book integrates lucid, theoretical analysis of the issues of enforcement and recognition of foreign judgments with practical instructions. It thus serves as a valuable guide for anyone seeking answers to the questions examined in the book, whether in the context of international commerce or to resolve transnational legal disputes. Despite the complexity of the questions addressed in the book, they are given accurate and easily understandable answers. Haggai Carmon’s book grapples with the range of issues arising from the recognition of foreign judgments and their enforcement, i.e., the declaration that they are enforceable judgments. The book thoroughly and methodically examines these issues...Haggai Carmon has outstanding expertise in international law. He has a breadth of legal knowledge and extensive experience in both the theoretical and practical aspects of both private and public international law. He serves as legal counsel to commercial entities as well as foreign governmental agencies; amongst others, he is an outside legal counsel to the government of the United States. As this text reflects, Haggai Carmon is also a first-rate scholar and he shares his knowledge in a style that is suitable to every reader. -Eliezer Rivlin, Deputy Chief Justice, the Israel Supreme Court
The Author. List of Abbreviations and Hebrew Sources. General Introduction. Selected Bibliography - Authoritative Works. Part I: General Principles (Choice-of-Law Technique). 1. Sources of PIL. 2. Principles of Establishing the Applicable Law. 3. Basic Terms. Part II: Rules of Choice of Law. 1. Persons. 2. Obligations. 3. Law of Property. 4. Intangible Property Rights. 5. Company Law. 6. Family Law. 7. Succession Law. Part III: International Civil Procedure. 1. Jurisdictional Immunities. 2. International Jurisdiction. 3. Procedure in International Litigation. 4. Recognition and Enforcement of Foreign Judgments. 5. International Arbitration. Table of Cases. Table of Statutory Instruments. Table of International Treaties. Index.
In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts.
Originally published in 2007, The Israel Lobby and U.S. Foreign Policy, by John Mearsheimer of the University of Chicago and Stephen M. Walt of Harvard's John F. Kennedy School of Government, provoked both howls of outrage and cheers of gratitude for challenging what had been a taboo issue in America: the impact of the Israel lobby on U.S. foreign policy. A work of major importance, it remains as relevant today as it was in the immediate aftermath of the Israel-Lebanon war of 2006. Mearsheimer and Walt describe in clear and bold terms the remarkable level of material and diplomatic support that the United States provides to Israel and argues that this support cannot be fully explained on either strategic or moral grounds. This exceptional relationship is due largely to the political influence of a loose coalition of individuals and organizations that actively work to shape U.S. foreign policy in a pro-Israel direction. They provocatively contend that the lobby has a far-reaching impact on America's posture throughout the Middle East―in Iraq, Iran, Lebanon, and toward the Israeli-Palestinian conflict―and the policies it has encouraged are in neither America's national interest nor Israel's long-term interest. The lobby's influence also affects America's relationship with important allies and increases dangers that all states face from global jihadist terror. The publication of The Israel Lobby and U.S. Foreign Policy led to a sea change in how the U.S-Israel relationship was discussed, and continues to be one of the most talked-about books in foreign policy.
The product of painstaking research and countless interviews, A High Price offers a nuanced, definitive historical account of Israel's bold but often failed efforts to fight terrorist groups. Beginning with the violent border disputes that emerged after Israel's founding in 1948, Daniel Byman charts the rise of Yasir Arafat's Fatah and leftist groups such as the Popular Front for the Liberation of Palestine--organizations that ushered in the era of international terrorism epitomized by the 1972 hostage-taking at the Munich Olympics. Byman reveals how Israel fought these groups and others, such as Hamas, in the decades that follow, with particular attention to the grinding and painful struggle during the second intifada. Israel's debacles in Lebanon against groups like the Lebanese Hizballah are examined in-depth, as is the country's problematic response to Jewish terrorist groups that have struck at Arabs and Israelis seeking peace. In surveying Israel's response to terror, the author points to the coups of shadowy Israeli intelligence services, the much-emulated use of defensive measures such as sky marshals on airplanes, and the role of controversial techniques such as targeted killings and the security barrier that separates Israel from Palestinian areas. Equally instructive are the shortcomings that have undermined Israel's counterterrorism goals, including a disregard for long-term planning and a failure to recognize the long-term political repercussions of counterterrorism tactics.
Publisher Description
This work explores in depth the legal consequences of peremptory norms.
This Volume offers an introduction to the Israeli legal system. It includes a detailed analysis of the Foundations of the Israeli Law, Civil, Public and Criminal Law, Trade and Business Law as well as a presentation of Israel within the International Law.
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Israel. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Israel. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.