Jump to ContentJump to Main Navigation
Private International Law and Global Governance$
Users without a subscription are not able to see the full content.

Horatia Muir Watt and Diego P. Fernández Arroyo

Print publication date: 2014

Print ISBN-13: 9780198727620

Published to Oxford Scholarship Online: March 2015

DOI: 10.1093/acprof:oso/9780198727620.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 22 May 2019

The Extraterritorial Application of Access to Justice Rights

The Extraterritorial Application of Access to Justice Rights

On The Availability of Israeli Courts to Palestinian Plaintiffs

Chapter:
11 The Extraterritorial Application of Access to Justice Rights
Source:
Private International Law and Global Governance
Author(s):

Michael M Karayanni

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198727620.003.0012

The extraterritorial scope of access to justice rights has so far remained an obscure topic. The rich experience accumulated in Israel with civil claims filed by Palestinian residents and Israeli settlers of the Occupied Palestinian Territories offers a unique body of law that speaks volumes about the applicability of access to justice for foreign plaintiffs. The chapter identifies the emergence of two guiding models: the membership model that builds on the plaintiff’s official civil status and the normative model that builds on the forum’s choice of law calculation. These findings offer insights much beyond access to justice theories, relevant for comparativists all around the world. They help encode some fundamental trends in the law of international civil litigation as well as offering challenging insights into the future development of adjudicative jurisdiction in international settings.

Keywords:   access to justice, international civil litigation, foreign plaintiffs, Israel-Palestine, belligerent occupation

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .