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Private International Law and Global Governance$
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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

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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

11 The Extraterritorial Application of Access to Justice Rights
Private International Law and Global Governance

Michael M Karayanni

Oxford University Press

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

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