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.

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.

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.

Sino-Vatican Diplomatic Relations: Problems and Prospects

1989 ◽  
Vol 120 ◽  
pp. 814-836 ◽  
Author(s):  
Gerald Chan
Keyword(s):  
Catholic Church ◽  
The Self ◽  
The Other ◽  
Diplomatic Relations ◽  
Republic Of China ◽  
Holy See ◽  
Political Implications ◽  
Prior Approval ◽  
The Status ◽  
Major Factors

The China Quarterly Two major factors have continued to impair diplomatic relations between the People’s Republic of China and the Vatican, namely, the so-called “two-China” problem and the independence issue. China regards the Vatican’s diplomatic relations with Taiwan as an infringement of her sovereignty, and insists they are terminated prior to her consideration of a resumption of relations (broken off in 1958) with the Holy See. The Vatican is now the only state in Europe to maintain diplomatic links with Taiwan. Moreover, the Chinese Catholic Church wishes to remain independent of the Pope in Rome. This issue is manifested in the “self-consecration” of bishops in China without seeking the Pope’s prior approval. The “two-China” problem is basically a political and diplomatic one whereas the independence issue has religious as well as political implications. Both China and the Vatican recognize the existence of these two areas of dispute but they differ in their approach towards achieving a possible resolution. China demands that the Vatican should take steps to solve the “two-China” problem before China is ready to discuss the independence question, whereas the Vatican expects China to concede on the latter point first by acknowledging the Pope as the head of the universal Church, before proceeding to discuss other matters, including the status of the Vatican’s diplomatic ties with Taiwan. These different approaches lead to the present stalemate. Each side is expecting the other to take the initiative to overcome the apparent deadlock.

The Legitimating Role of the Israeli High Court of Justice: From Occupation to Segregation

Global Jurist ◽  
2015 ◽  
Vol 15 (2) ◽  
Author(s):  
Sharon Weill
Keyword(s):  
Civil Rights ◽  
Case Law ◽  
The State ◽  
Early Years ◽  
High Court ◽  
Court Of Justice ◽  
The Creation ◽  
Palestinian Population ◽  
State Of Israel

AbstractSince the early years of the occupation, Israel has promoted a settlement policy and encouraged Israeli Jewish citizens to live in new communities it established in the OPT. Over the years, the Israeli and Palestinian populations living in separated cities and villages, situated side by side, over the entire Occupied West Bank, have been placed under the jurisdiction of two different sets of laws. The creation of this segregated legal regime in the OPT was indispensable in order to keep the original Palestinian population subordinated to military rule, denied civil rights and any democratic representation, and to carry out the settlements policy of the State of Israel. This article demonstrates through a critical analysis of case law, how the Israeli High Court of Justice, through the selective use (and misuse) of the law of military occupation, not only has legitimatized the creation of a segregation regime in the OPT but also has actively contributed to its formation by providing the State with the necessary legal tools required to design and implement it.

Catholicism and the Evolution of International Law Studies in Italy

2020 ◽  
pp. 215-233
Author(s):  
Mirko Sossai
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
International Law ◽  
Catholic Church ◽  
International Community ◽  
Christian Doctrine ◽  
Holy See ◽  
Alternative Approaches ◽  
The Great War

Although there has been no Christian doctrine of international law in Italy, Catholicism still represented a source of inspiration for various scholars during the twentieth century when addressing the question of the foundations of international law. In a period of predominant positivism, alternative approaches, rooted in the universalistic view of the Catholic Church, sought to offer a narrative of the origins of international law, based on the idea of continuity with the ancient civitas christiana. This chapter seeks to assess how the scholarly debate took into account developments in the Catholic understanding of the role of law in the international community. Three key episodes are considered: the note of Pope Benedict XV qualifying the great war as ‘useless slaughter’; the ambivalent reaction of the Holy See to the birth of universal organizations; and the position of the Papacy vis-à-vis the Universal Declaration of Human Rights.

Establishment of Diplomatic Relations

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
International Law ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Sovereign State ◽  
Holy See ◽  
Foreign State ◽  
The Status ◽  
The Right ◽  
International Law Commission ◽  
Law Commission

This chapter analyses the Article 2 of the Vienna Convention on Diplomatic Relations which states that diplomatic relations, and of permanent diplomatic missions, takes place by mutual consent. It outlines the changes and development that led to the formation of the article. The International Law Commission traces the roots of the second article from a state’s right to legation, the right of sending a diplomatic mission to a foreign state. However, in order to determine whether an entity has the ‘right of legation’, it is necessary to determine whether or not it is a State. For most of the Parties of the Convention, the right to conduct diplomatic relations is generally regarded as flowing from recognition as a sovereign State. The chapter describes some instances where recognition plays an important factor in diplomacy, such as the status of Palestine and the Holy See.

scholarly journals The attitude of the Constitutional Work Club towards the denominational regulations of the parliamentary project of Constitution during the years 1919–1921

2021 ◽  
Vol 136 ◽  
pp. 145-168
Author(s):  
Paweł Magiera
Keyword(s):  
Organizational Structure ◽  
Catholic Church ◽  
Positive Impact ◽  
The State ◽  
Natural Consequence ◽  
Holy See ◽  
Parliamentary Debate ◽  
The Catholic Church

The paper is about the participation of the Constitutional Work Club (CWC) in the debates of the Legislative Sejm over denominational regulations of the parliamentary project of Constitution in years 1919–1921. The role of the main speaker of this parliamentary club on those topics was monopolized by Alfred Halban. He presented a conservative vision of the relations between the Catholic Church and the state, especially he wanted to preserve the ecclesiastical autonomy in its spiritual mission. Simultaneously, he supported the idea of signing the concordat between Poland and the Holy See, because he considered this type of the agreement as a natural consequence of the organizational structure of the Catholic Church. The participation of CWC in the parliamentary debate did not affect the shape of denominational regulations in the Constitution. Nevertheless, this activity had a positive impact because A. Halban was a significant proponent of substantive and meticulous parliamentary discussion on the denominational issues.

scholarly journals The 2008 Agreement Between the Holy See and Brazil on the Juridical Statute of the Catholic Church in Brazil in the Eyes of the Brazilian Superior Courts

2021 ◽  
Vol 12 (12) ◽  
pp. 375-382
Author(s):  
Eduardo Szazi
Keyword(s):  
Public Schools ◽  
International Law ◽  
Catholic Church ◽  
Historical Background ◽  
Domestic Sphere ◽  
Holy See ◽  
Presidential Decree ◽  
The Status ◽  
The Relationship ◽  
The Catholic Church

In 2008, Brazil and the Holy See entered into an Agreement on the Juridical Statute of the Catholic Church and its Ecclesiastical Institutions in Brazil (the “Agreement”). The Agreement was approved by the Brazilian Congress by Legislative Decree 698 on October 7, 2009 and entered into force in the international sphere on December 10, 2009. On February 11, 2010, by Presidential Decree 7.107, it entered into force in the domestic sphere. The purpose of this essay is assessing the consistency of the Agreement with the State laicity enshrined in the 1988 Brazilian Constitution. The hypothesis is the validity of the Agreement due to the special status of the Holy See in International Law. The methodology of study consisted in describing the historical background of the relationship between State and Church in Brazil as a preamble for surveying cases which have dealt with the 2008 Agreement and the corresponding decisions at the Brazilian Superior Courts. As a result, we have found out that the Brazilian Judiciary sustained the compatibility of the Agreement with the laicity of the Brazilian State enshrined in its 1988 Constitution in two leading cases that addressed, respectively, the possibility of confirmation, by Brazilian Courts, of ecclesiastical declarations of nullity issued by marriage tribunals under the Code of Cannon Law, and the possibility of confessional classes in public schools. Both possibilities were eventually upheld by Brazilian Superior Courts in landmark rulings on the status of the Holy See in the Brazilian practice of international law.

scholarly journals The 2008 Agreement Between the Holy See and Brazil on the Juridical Statute of the Catholic Church in Brazil in the Eyes of the Brazilian Superior Courts

2021 ◽  
Vol 13 (13) ◽  
pp. 445-451
Author(s):  
Eduardo Szazi
Keyword(s):  
Public Schools ◽  
International Law ◽  
Catholic Church ◽  
Historical Background ◽  
Domestic Sphere ◽  
Holy See ◽  
Presidential Decree ◽  
The Status ◽  
The Relationship ◽  
The Catholic Church

In 2008, Brazil and the Holy See entered into an Agreement on the Juridical Statute of the Catholic Church and its Ecclesiastical Institutions in Brazil (the “Agreement”). The Agreement was approved by the Brazilian Congress by Legislative Decree 698 on October 7, 2009 and entered into force in the international sphere on December 10, 2009. On February 11, 2010, by Presidential Decree 7.107, it entered into force in the domestic sphere. The purpose of this essay is assessing the consistency of the Agreement with the State laicity enshrined in the 1988 Brazilian Constitution. The hypothesis is the validity of the Agreement due to the special status of the Holy See in International Law. The methodology of study consisted in describing the historical background of the relationship between State and Church in Brazil as a preamble for surveying cases which have dealt with the 2008 Agreement and the corresponding decisions at the Brazilian Superior Courts. As a result, we have found out that the Brazilian Judiciary sustained the compatibility of the Agreement with the laicity of the Brazilian State enshrined in its 1988 Constitution in two leading cases that addressed, respectively, the possibility of confirmation, by Brazilian Courts, of ecclesiastical declarations of nullity issued by marriage tribunals under the Code of Cannon Law, and the possibility of confessional classes in public schools. Both possibilities were eventually upheld by Brazilian Superior Courts in landmark rulings on the status of the Holy See in the Brazilian practice of international law.

The Diminishing Acts of the State. Or, Is It?

2012 ◽  
pp. 687-717
Author(s):  
Francis N. Botchway
Keyword(s):  
International Economic ◽  
International Law ◽  
The State ◽  
Police Powers ◽  
Economic Law ◽  
Role Of The State ◽  
International Economic Law ◽  
The Us

The Act of state doctrine essentially serves to truncate or end proceedings against a state in the court of another state for actions attributed to or owned by the first state. Originally, the actions against which the defense could be raised were wide and all encompassing. It included exercise of police powers, takings, maritime and commercial acts. However, starting with cases such as Bernstein, Dunhill and others, and goaded in part by legislation such as the second Hickenlooper Amendment in the US, a number of exceptions have been carved into the doctrine. It is such that some academics have called for the end of the doctrine. This paper argues that although the doctrine is now limited, compared to its original compass, it is resilient. That resilience, this paper contends, is predicated on its International law pedigree. It is further argued that the swings in the role of the state in economic matters accounts for the growth, downturn and upturn in the viability of the doctrine as a defense in international economic law.

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