Foreign Judgments and the Palestinian Authority

Chapter

Abstract

Under the Enforcement Law, a judgment to be enforced in Israel must have been rendered by a foreign court. This requirement directly affects the enforcement of judgments issued in the territories occupied from Jordan and Egypt by the Israel Defense Force since the Six Day War. Despite the connection between Israel and these territories, the civil courts in these regions are not Israeli and operate under a separate and foreign legal system. Accordingly, the judgments of these courts are no different from those of any other foreign country, in that they are foreign to the Israeli legal system. However, Israel did not recognize Jordanian rule of the West Bank, and Egypt did not annex the Gaza strip. Thus, while they are not Israeli courts, neither are they courts of a foreign country. Therefore, seemingly, the judgments rendered by these courts cannot be recognized under the Enforcement Law. The Emergency Regulation that deals with the issue presents the solution.

Keywords

Gaza Strip Civil Court Occupied Territory Palestinian Authority Judicial Organ 
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Copyright information

© Springer-Verlag Berlin Heidelberg 2013

Authors and Affiliations

  1. 1.Carmon & CarmonTel AvivIsrael
  2. 2.Carmon & CarmonNew YorkUSA

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