International Law within the Israel Legal System

1990 ◽  
Vol 24 (3-4) ◽  
pp. 451-484 ◽  
Author(s):  
Ruth Lapidoth
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
The State ◽  
Laws Of War ◽  
International Treaties ◽  
The Status ◽  
The Military ◽  
State Of Israel ◽  
High Seas

Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.

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

1998 ◽  
Vol 32 (3) ◽  
pp. 475-527 ◽  
Author(s):  
Rotem M. Giladi
Keyword(s):  
International Law ◽  
Case Law ◽  
International Agreements ◽  
The State ◽  
International Treaties ◽  
Depth Analysis ◽  
The Status ◽  
The Government ◽  
State Of Israel ◽  
Regular Practice

On February 24, 1998, the government submitted the International Treaties (Approval by the Knesset) Bill, 1998 to the Knesset. This governmental bill represents the culmination of fifty years of exchange between the Executive and the Legislature concerning the constitutional authority to conclude international agreements on behalf of the State of Israel.Normally, it would have been preferable to await the completion of the enactment process before commenting on the new legislative arrangements. Due to the constitutional importance of the Bill and the fact that it raises several important questions, the regular practice will be abandoned in this case.Despite the availability of an abundance of materials on the treatymaking practice of the State of Israel and the status of treaties under municipal Israeli law both in English and in Hebrew, an in-depth analysis of the Bill requires an extensive expositionde lex lataon both these questions. Only then will the provisions of the Bill be presented. This will take the form of an issue-by-issue analysis, with conclusions drawn in each segment. The review will conclude with several additional observationsde lege ferenda.

scholarly journals POLITIK PEMBANGUNAN HUKUM PERJANJIAN INTERNASIONAL TERKAIT STATUS DAN KEDUDUKAN PERJANJIAN INTERNASIONAL DI TINJAU DARI PRAKTIK INDONESIA

2017 ◽  
Vol 24 (1) ◽  
pp. 56
Author(s):  
Siti Sumartini
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal System ◽  
International Agreements ◽  
Public Understanding ◽  
International Treaties ◽  
The Public ◽  
The Status

International agreements (treaties) is one of the mechanisms in international relations as well as one of the sources of international law. Lack of understanding of what the public understanding of international agreements often giving riseto confuse in ournational legal system. Thereby also on the status and position of international treaties in the practice of Indonesia has not provided clarity about what the system is about to be followed by Indonesia.

The Status of International Treaties in the Legal System of Azerbaijan

2007 ◽  
Vol 32 (2) ◽  
pp. 233-256
Author(s):  
Cavid Abdullahzade
Keyword(s):  
Human Rights ◽  
Soviet Union ◽  
International Law ◽  
Legal System ◽  
European Convention ◽  
International Treaties ◽  
Independent State ◽  
The Soviet Union ◽  
The Status ◽  
Protection Of Human Rights

AbstractAs part of the disintegration of the Soviet Union in 1991, the Azerbaijan Republic ended its protracted existence as one of the fifteen members of the Soviet Union and became an independent state. As a result, on 30 August 1991, she became a full subject of international law. Currently, Azerbaijan is a party to a number of international treaties, virtually all major human rights treaties registered with the UN Secretary-General, the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as a number of related Council of Europe human rights agreements.A tendency towards internationalization and a general 'opening' to international law can also be seen in the Azeri Constitution, which was adopted by public referendum on 12 November 1995. Like many other former Soviet Republics, Azerbaijan, in its 1995 Constitution, has rejected the traditional Soviet dualist approach of the implementation of international law in the domestic legal system and has established a monist system within the context of a relationship between national and international law. This article discusses these changes in the Azeri attitude towards international law, in particular the status of international treaties, with special reference to those problems stemming from the implementation of international treaties in the domestic legal system of Azerbaijan.

scholarly journals Status of International Law In Indonesian National Law: Review of International Conventions in Indonesian Legal System

2017 ◽  
Author(s):  
Hamza Baharuddin ◽  
Achmad Zulfikar
Keyword(s):  
Social Sciences ◽  
International Law ◽  
Legal System ◽  
International Research ◽  
International Treaties ◽  
International Treaty ◽  
System P ◽  
Before And After ◽  
The Status ◽  
International Conventions

This manuscript is an Extended Abstract from the Abstract that has been presented in 2nd International Research Conference on Economics, Business and Social Sciences. This manuscript provides a simple overview of the status of international conventions as the part of international law. Several parts of the whole paper have been revealed which result comparing the three international treaties endorsed by the Indonesian government before and after the enactment of Law No. 24 of 2000 on the International Treaty. If you need more information related to this manuscript please contact the author.

scholarly journals International Obligations of Unrecognized State. The Case of Transdnistrian Moldavian Republic

2019 ◽  
Vol 14 (1) ◽  
pp. 76-93
Author(s):  
Galina Shinkaretskaia
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal System ◽  
International Community ◽  
European Convention ◽  
Vienna Convention ◽  
International Treaties ◽  
The Status ◽  
International Obligations ◽  
The Republic

Unrecognized states are formations separated themselves from another state and had declared itself a new self-standing state. The inner structure of the formation does not differ from the structure of other states in that it possesses a constitution, legal system and state bodies. But such a formation is not recognized by the international community in the capacity of a subject of international law or is recognized by a minor number of states.Unrecognized states do not have interstate treaties with UN members, yet this does not mean that no international obligations are obligatory for them. General principles of international law and peremptory norms are obligatory notwithstanding recognition. Moreover, unrecognized state sometimes accept voluntarily international obligations of some treaties, still they are not recognized as parties thereof. The status of unrecognized states differ from the status of other actors not states in international relations: sometimes intrastate or even non-governmental organizations, e.g. European union, are accepted as parties to international treaties. Unrecognized states can never become parties to international treaties. Thus a situation of irresponsibility is created, when an unrecognized state has no partners who could question a responsibility in case of a breach of international law; neither the jurisdiction of treaty bodies created to monitor implementation of the treaty obligations.Transdnistrian Moldavian Republic is a good illustration here. Its Constitution contains a rule that the generally recognized principles and norms of international law and international treaties are a part of its legal system. The Republic does not have interstate treaties, but accepted some normative acts on the recognition of the most important human rights treaties. This is in fact a joining of the Republic to the treaties. Yet the Republic is not a party to them because the Vienna Convention on the law of international treaties 1969 allows only the subjects of international law to conclude international treaties which unrecognized Transdnistria is not. Thus the situation is created where the international community cannot submit a claim of failure to fulfill a treaty to Transdnistria.We submit that this is not so with generally recognized norms and principles because an obligation is emerging in the contemporary international law that all actors of international intercourse must fulfill those principles and norms. The events around the indictment of the former President of the Republic are a good example of breach of international law. The Republic broke the European Convention on human rights which diminished the acceptance of international law by the Republic.

scholarly journals El acceso a las fuentes de información judicial en Israel y los límites impuestos por la «seguridad nacional»

2013 ◽  
Author(s):  
Antonio Francisco Velasco Sanz
Keyword(s):  
Legal System ◽  
Freedom Of Expression ◽  
The State ◽  
Freedom Of The Press ◽  
Geographical Environment ◽  
The Press ◽  
Judicial Proceedings ◽  
The Military ◽  
State Of Israel ◽  
Sobre Todo

El ordenamiento jurídico israelí garantiza el derecho a la libertad de expresión y de información, pero con unos límites que, en algunos casos, pueden considerarse de excesivos. Esto sucede sobre todo en procesos judiciales relacionados con la seguridad del Estado, donde incluso rige la «censura militar». En el presenta trabajo se analiza este problema, así como la labor de los periodistas en relación con los procesos judiciales. A pesar de que ha habido cierta evolución, los límites a la libertad de prensa son muchos, aunque en el entorno geográfico del Estado de Israel, se trata del país que más libertad permite en este ámbito.The israeli legal system guarantees the freedom of expression and information, but with limits that, in some cases, may be considered excessive. This happens especially in judicial proceedings related to the security of the State, where even governs the «military censorship». The present paper analyzes this problem, as well as the work of journalists regarding the judicial proceedings. While there has been some evolution, the limits to the freedom of the press are many, but in the geographical environment of the State of Israel, it is the country that allows more freedom in this area.

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

1994 ◽  
Vol 28 (4) ◽  
pp. 707-730 ◽  
Author(s):  
Deborah Perla
Keyword(s):  
International Law ◽  
Catholic Church ◽  
Case Law ◽  
The State ◽  
Territorial Disputes ◽  
Diplomatic Relations ◽  
Holy See ◽  
The Status ◽  
State Of Israel

I. The Fundamental Agreement between the Holy See and the State of IsraelOn December 30, 1993, the Fundamental Agreement between the Holy See and the State of Israel was signed in Jerusalem by representatives of both parties. The agreement, which precedes the first diplomatic relations entered into between the Holy See and the State of Israel, covers areas of international relations which include both general issues such as human rights and freedom of religion and particular issues regarding Vatican-Israel relations, such as the status of the Catholic Church in Israel and the role of the Holy See in territorial disputes in the region. The goals and meanings of many of the provisions of the Agreement have as yet to be further defined however, and several of them will be discussed following a brief survey of the historical events leading to the conclusion of this agreement.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.

The Status of Arabic in Israel: Refiections on the Power of Law to Produce Social Change

2002 ◽  
Vol 36 (2) ◽  
pp. 5-39 ◽  
Author(s):  
Ilan Saban ◽  
Muhammad Amara
Keyword(s):  
Legal Status ◽  
Minority Group ◽  
Prima Facie ◽  
The State ◽  
French Language ◽  
The Status ◽  
Official Languages ◽  
State Of Affairs ◽  
Ethnic Nation ◽  
State Of Israel

AbstractThe status of Arabic in Israel gives rise to question. Israel is a rare case of an ethnic nation-state that grants the language of minority group with a legal status which isprima facieone of equality. Both Hebrew and Arabic are the official languages of the State of Israel. What are the reasons for this special state of affairs? The answer is threefold: historic, sociological and legal. In various ways the potential inherent in the legal status of Arabic has been depleted of content, and as a result of that, as well as other reasons, the socio-political status of Arabic closely resembles what you would expect the status of a language of a minority group in a state that identifies itself as the state of the majority group to be. This answer, however, is another source of puzzlement – how does such a dissonance between law and practice evolve, what perpetuates it for so long, is change possible, is it to be expected?We present an analysis of the legal status of Arabic in Israel and at the same time we proceed to try and answer the questions regarding the gap between the legal and the sociopolitical status of Arabic. We reach some of our answers through a comparison with the use of law to change the status of the French language in Canada. One of these answers is that given the present constellation in Israel, the sociopolitical status of Arabic cannot meaningfully be altered by legal means.

ASEAN and Its Problematic Treaty-Making Practice: Can International Organizations Conclude Treaties “on Behalf of” Their Member States?

2014 ◽  
Vol 4 (2) ◽  
pp. 391-419 ◽  
Author(s):  
Zhida CHEN
Keyword(s):  
International Law ◽  
International Organizations ◽  
Southeast Asian ◽  
The Other ◽  
Member States ◽  
The Real ◽  
Asean Member ◽  
Real Issue ◽  
The Status

The Association of Southeast Asian Nations (ASEAN) has, on various occasions, concluded treaties on behalf of its Member States. This raises some interesting questions: is ASEAN entitled to enter into treaties on behalf of its Member States; and if so, what should be the status of ASEAN and its Member States vis-à-vis the other party to the treaty? The issue is not one of whether the ASEAN Member States have consented to such a practice—it must be assumed that they have. Instead, the real issue is whether such treaty-making practice can and should be valid under international law, even if the Member States have consented for ASEAN to conclude these treaties on their behalf. This paper will argue that, under international law, ASEAN is entitled to conclude treaties on behalf of its Member States.

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