The Missing Reversioner: Reflections on the Status of Judea and Samaria

1968 ◽  
Vol 3 (2) ◽  
pp. 279-301 ◽  
Author(s):  
Yehuda Z. Blum
Keyword(s):  
West Bank ◽  
Local Population ◽  
Legal Services ◽  
Criminal Proceedings ◽  
The West ◽  
Legal Problems ◽  
Civil Proceedings ◽  
The Status ◽  
The Law ◽  
Six Day War

Two recent decisions handed down by the Hebron magistrate, Mr. Hussein El-Shajuchi, and by the Bethlehem magistrate, Mr. Tawfik El-Sakka, on February 5, 1968 and on February 27, 1968, respectively, have brought to the fore some interesting legal problems arising from the Six Day War of June, 1967 as a result of which Judea and Samaria (formerly known as the “West Bank” of the Kingdom of Jordan) have come under Israeli control.The immediate cause that has given rise to the elaboration by the two learned magistrates of the problems to be dealt with in this paper was the promulgation by the Officer Commanding, Israel Defence Forces in Judea and Samaria, on October 23, 1967, of Order No. 145, concerning the status of Israeli advocates in the courts of Judea and Samaria. Article 2 of the said Order provides that “notwithstanding any existing provisions to the contrary, any party to civil proceedings and any defendant in criminal proceedings may authorise an Israeli advocate to represent him in such proceedings.” Article 4 of the same Order stipulates that the Order shall be in force for a period of six months from the date of its entry into force (i.e. October 23, 1967) unless it is terminated at an earlier date by the Officer Commanding, Israel Defence Forces in Judea and Samaria. In the preamble to the Order the reasons given for its promulgation are “to ensure the efficient maintenance of the law, to enable the uninterrupted functioning of the Courts in the District [of Judea and Samaria] and to make available the services of advocates to the local population.” As will be more fully explained later, the reason for promulgating this Order was the strike of Arab lawyers in Judea and Samaria, which threatened to deprive courts and clients there of legal services.

The Israeli Settlement Project in the West Bank and Gaza (1967–77)

2019 ◽  
pp. 41-84
Author(s):  
Ehud Eiran
Keyword(s):  
West Bank ◽  
Institutional Capacity ◽  
The West ◽  
Territorial Expansion ◽  
Low Level ◽  
The Future ◽  
The Status ◽  
West Bank And Gaza ◽  
Six Day War ◽  
East Jerusalem

The chapter explains the launch of the Israeli settlement project in Gaza and the West-Bank (Including East-Jerusalem) following Israel’s occupation of these regions in the 1967 Six-Day War. The chapter uses the theory advanced in the book and shows that Israel launched the settlement project in order to secure permanent territorial expansion into these areas. Israel believed that the future of these areas will be determined in a negotiation within the framework of UNSCR 242. The settlement project was meant to affect the outcome of these future talks. The chapter identifies the conditions for the launch of the project: US support and a legal ambiguity regarding the status of these areas, American support, and an institutional capacity to carry out such a project. The local population’s low level of affinity with Israel further contributed to the launch of the project.

scholarly journals The Legality of Closure on Land and Safe Passage Between the Gaza Strip and the West Bank

2020 ◽  
pp. 1-39
Author(s):  
Marco LONGOBARDO
Keyword(s):  
West Bank ◽  
Gaza Strip ◽  
Local Population ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
The West ◽  
Occupied Territory ◽  
The Gaza Strip

Abstract This paper explores the legality of the land closure imposed upon the Gaza Strip by Israel. After having considered the area under occupation, the paper argues that the legality of the closure must be determined under international humanitarian law, international human rights law, the principle of self-determination of peoples, and the Israeli-Palestinian agreements. In the light of these rules, the arbitrary closure of the Gaza Strip should be considered illegal because it breaches the unity between the Gaza Strip and the West Bank, and because it violates the freedom of movement of the local population. Moreover, the closure breaches the relevant rules pertaining to the transit of goods in occupied territory. The paper concludes that most of the violations caused by the closure affect peremptory rules which produce obligations erga omnes, so that any state in the international community is entitled to react under the law of state responsibility.

11. Hearsay Evidence

Evidence ◽  
2018 ◽  
Author(s):  
Andrew L-T Choo
Keyword(s):  
Criminal Proceedings ◽  
Civil Proceedings ◽  
The Law ◽  
Hearsay Rule ◽  
Hearsay Evidence

Chapter 11 discusses the law on hearsay evidence. It covers the admissibility of hearsay evidence in civil proceedings, now governed by the Civil Evidence Act 1995; other proceedings in which the hearsay rule is inapplicable; and the admissibility of hearsay evidence in criminal proceedings.

11. Hearsay Evidence

2021 ◽  
pp. 262-294
Author(s):  
Andrew L-T Choo
Keyword(s):  
Criminal Proceedings ◽  
Civil Proceedings ◽  
The Law ◽  
Hearsay Rule ◽  
Hearsay Evidence

Chapter 11 discusses the law on hearsay evidence. It covers the admissibility of hearsay evidence in civil proceedings, now governed by the Civil Evidence Act 1995; other proceedings in which the hearsay rule is inapplicable; and the admissibility of hearsay evidence in criminal proceedings.

Settlement Monitor

2017 ◽  
Vol 46 (3) ◽  
pp. 1-15
Keyword(s):  
Prime Minister ◽  
West Bank ◽  
Donald Trump ◽  
The West ◽  
The Law ◽  
East Jerusalem

This section covers items pertaining to Israeli settlement activity in the West Bank, East Jerusalem, and the Golan Heights. Significant developments during the quarter 16 November 2016 through 15 February 2017 include: in anticipation of changes to U.S. policy on settlements under incoming U.S. president Donald Trump, Terrestrial Jerusalem and other settlement watch groups outlined the areas they consider most vulnerable to settlement expansion. While the Israeli Security Cabinet voted on 22 January to postpone discussion of a bill facilitating the annexation of the Ma'ale Adumim settlement until after Trump and Prime Minister Netanyahu had a chance to meet in person, many analysts highlighted the probable annexation of settlements in East Jerusalem and even possibly part of Area C of the West Bank. Peace Now released a report estimating that 4,000 settlement units and 55 illegal outposts would be retroactively legalized under the recently enacted Regulation Law and documenting the 3,000 additional units that could be newly expropriated under the law (see Update on Conflict & Diplomacy in JPS 46 [3] for more on new Israeli legislation).

Song Sharing and Local Dialects in a Population of the European Wren Troglodytes Troglodytes

Behaviour ◽  
1993 ◽  
Vol 125 (1-2) ◽  
pp. 67-78 ◽  
Author(s):  
Clive K. Catchpole ◽  
Armanda Rowell
Keyword(s):  
Social Learning ◽  
West Bank ◽  
Local Population ◽  
Open Water ◽  
The Other ◽  
The West ◽  
Song Sharing ◽  
Song Types

AbstractSongs were recorded from a local population of 13 male wrens at Wraysbury Lakes, Berkshire, U.K. during 1991. Sonagraphic analysis revealed that there were 15 distinct song types in the population, and that each male had between three and six song types in his repertoire. Song sharing between neighbouring males was particularly high. Six of the males in the population were on the east bank of the lake, separated from the other seven on the west bank by 200 metres of open water. Although three song types were distributed over the whole area, six were unique to the east bank and six to the west. Any male could be classified as an east or west bank male, by the possession of several distinct song types unique to each 'dialect' area. So far, clear examples of dialects have been largely restricted to species with only one or two song types in their repertoires. Song sharing and the development of local dialects in the wren are discussed in relation to current views on mechanisms of social learning in songbirds.

scholarly journals Administrative and Legal Principles of Prosecutor’s Office Interaction with Public Administration Entities on the Issues of Performing Assigned Functions

2021 ◽  
Vol 80 (1) ◽  
pp. 55-61
Author(s):  
О. Ю. Прокопенко ◽  
В. І. Кравцов
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Legal Principles ◽  
Civil Proceedings ◽  
The Status ◽  
The Law ◽  
Executive Agencies ◽  
Enforcement Activity

The problem of legal regulation of interaction between the prosecutor’s office and public administration entities on the issues of performing the assigned functions has been studied. The research is based on studying such legislative acts as the Constitution of Ukraine, Laws of Ukraine “On Central Executive Agencies”, “On the Prosecutor’s Office”, “On the Status of MPs of Ukraine”, “On Temporary Investigative and Special Commissions of the Verkhovna Rada of Ukraine” and other legislative acts and bylaws regulating the interaction of the prosecutor’s office with state authorities. The interaction of the prosecutor’s office with public administration entities has been defined as the procedure of appeal of the prosecutor’s office to the executive authorities, which is regulated by law norms, as well as the procedure of consideration of the appeals of MPs and representatives of the executive authorities in the prosecutor’s office. The authors have established the following main directions of the interaction between the prosecutor’s office and the state authorities: consideration of Mps inquiries by the prosecutor’s office, participation of prosecutors in the work of investigative commissions and temporary special commissions of the Verkhovna Rada of Ukraine, interaction of the prosecutor’s office with the Accounting Chamber of the Verkhovna Rada of Ukraine, prosecutors’ representation of state interests in the court by presenting lawsuits within administrative, commercial or civil proceedings, interaction of the prosecutor’s office with the judicial branch of power in the process of judicial system, coordination of law enforcement activity, informing the representative authorities about the results of the activity of the prosecutor’s office and the rule of law in the state and individual territorial community. Improvement of legal principles of cooperation between prosecutor’s office and public administration entities can take place in such areas as bringing the provisions of the Law of Ukraine “On the Prosecutor’s Office” in line with the Constitution of Ukraine, development of a common form of request to all prosecutor’s office in regard to represent the interests in court, establishment of uniform terms for all authorities to consider their requests by the prosecutor’s office, establishment of a separate norm in the Law of Ukraine “On the Prosecutor’s Office” that would regulate the procedure and conditions of coordination of law enforcement activities of other authorities by the prosecutor’s office.

Custom in the Enforcement of the Law: The Power of the Attorney-General to Stay Criminal Proceedings

1986 ◽  
Vol 21 (3-4) ◽  
pp. 333-357
Author(s):  
Ruth Gavison
Keyword(s):  
Comparative Analysis ◽  
Legal Theory ◽  
Attorney General ◽  
Criminal Proceedings ◽  
Legal Problems ◽  
Life Problems ◽  
The Law ◽  
Complex Relationships ◽  
The Many ◽  
The One

This article is a synopsis of a monograph which will be published shortly (in Hebrew) by the Harry Sacher Institute for Legislative Research and Comparative Law. I dedicate it to Professor Tedeschi because he was the one who triggered it ten years ago, with his suggestion that the study of law, and especially the study of contexts of discretion in the law, cannot be complete without detailed studies of the ways in which officers in practice use their powers. Custom thus has an easily overlooked importance as a source of law even in modern systems, in the many areas in which mere knowledge of the normative framework within which powers are exercised is insufficient for a knowledge and understanding of the law.Tedeschi's suggestion seemed correct on its face, to an extent sufficient to motivate me to leave theorizing about law from the armchair and look into the practice of law enforcement. I emerged from the adventure even more convinced of his insight than when I started.While working on the subject I realized that comparative analysis was also of relevance to such questions, and that important questions were raised about the utility of such analyses in attempts to solve one's problems. Again I have found that Tedeschi articulated the conclusion I have reached in an early article published years ago.So these insights of his were added to the many things for which I am indebted to Professor Tedeschi: the solid commitment to legal scholarship for which he has always stood; the varied, persistent and prolific interest he has in all things legal and in the life-problems which the law seeks to regulate, resulting in many essays which are to this day classic in their field; and the fact that he is among the rare scholars who practice what they preach. If we take the importance of custom as an example, Tedeschi insists on including sections on custom in all his articles on legal problems, and in many instances this combination of great analytical strength and attention to social reality is what makes Tedeschi's writings so important. It is rare to have such people as one's teachers, and I feel lucky and grateful to have been his student.The larger study on which this article is based elaborates in some detail these larger jurisprudential questions of the complex relationships between solutions of legal problems (or law reform) and legal theory, empirical research and comparative analysis. Here I shall confine myself to the major findings of my research into the reality and the ideal of the power of the Attorney-General to stay criminal proceedings.

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