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5 J. Priv. Int'l L. 1 (2009)

handle is hein.journals/jrlpil5 and id is 1 raw text is: April 2009                  Joual of Private International Law                      1
CHOICE OF LAW UNDER OCCUPATION: HOW ISRAELI LAW
CAME TO SERVE PALESTINIAN PLAINTIFFS
MICHAEL M KARAYANNI*
... if we do not remind ourselves that a better future is possible we may never find the
strength we will need to get there.1
A. INTRODUCTION
Choice-of-law theory and methodology has known major upheavals throughout
history2 As a result, different choice-of-law rules have been offered to enable us
to determine the governing law in certain private disputes. But as choice-of-law
rules were modified in order to accommodate the evolving theory another vari-
able in the choice-of-law matrix drew attention, namely that of the jurisdictional
kinship between the laws that came in conflict. For indeed the jurisdictions
involved need not be those of two or more sovereign states.3 Such is the case in a
federal scheme of government, where the separate states are united and main-
tained by a federal umbrella.4 And precisely because of this federal kinship
Director, Harry and Michael Sacher Institute for Legislative Research and Comparative Law;
Edward S Silver Chair in Civil Procedure, Faculty of Law, Hebrew University of Jerusalem.
Work on this topic began in the framework of the Rule of Law under Pressure seminar at the
School of Social Science, Institute for Advanced Study, Princeton, New Jersey, where I was a
Member during the 2007/08 academic year. I would like to thank the participants of the seminar
for their valuable comments, and especially Dr Sari Wastell for providing me with a most valuable
reference. I would also like to thank the Friends of the Institute for Advanced Study for their sup-
port.
D Grossman, The Yellow Wind, trans H Watzman (New York, Picador, 2002), 222.
2  See FKJuenger, 'A Page of History (1984) 35 Mercer Law Review 419; HE Yntema, The Historic
Bases of Private International Law (1953) 2 American Journal of Comparative Law 297.
3  It is interesting to note that at one point AV Dicey defined a country for conflict-of-laws
purposes as the whole of a territory subject under one sovereign to one body of law. However,
later on he substituted law district for country, probably because not all conflicts enquiries
indeed involve countries in common parlance. See Sir L Collins et al (ed), Dice, Morris & Collins
on the Conflict of Laws (London, Sweet & Maxwell, 14th edn, 2006), 30. See also A Nussbaum,
Pinciples of rivate International Law (Oxford University Press, 1943), 5 6.
4  See, eg, KJ Hood, Conflict of Laws within the UK (Oxford University Press, 2007); M Tilbury et al,
Conflict of Laws in Australia (Oxford University Press, 2002), 9 12; J-G Castel, Canadian Conflict of
Laws (Toronto, Butterworths, 3rd edn, 1994), 2 3; AA Ehrenzweig, A Treatise on the Conflict of Laws
(St Paul, West Publishing, 1962), 16. Indeed, in terms of the historical development of the disci-
pline of conflict of laws generally, intra-territorial conflicts, such as between cities, have
contributed substantially to the evolution of different conflicts-of-laws doctrines. See, eg, A Miles,

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