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- Title
Israeli High Court Rulings on the Security Wall: National and International Effects.
- Authors
Sommer, Udi
- Abstract
With the ever-growing significance of international law both domestically and internationally, courts mediate much of the give and take between the international system and the national political arenas, thus acting in settings where global and local are mixed. Such a pivotal position, I argue, lends courts the ability to maximize a twofold utility, which is inextricably linked. First, on the international level, judicial institutions play an increasingly important role and form what is essentially a transnational epistemic community. Second, on the domestic level, courts capitalize on this pivotal position to become increasingly central in the decision-making process, forming alliances with other domestic players and thereby securing the implementation of judicial rulings. A case study of decisions of the Israeli Supreme Court concerning the security fence Israel built around the Occupied Territories is offered as an empirical test for the Court-Pivot Dual Utility Model that I present in this article.
- Subjects
ISRAEL; LEGAL judgments; BORDER barriers; INTERNATIONAL Court of Justice; ISRAEL. Bet ha-mishpat ha-elyon; NATIONAL security; INTERNATIONAL law; JUDICIAL process
- Publication
Israel Studies Review, 2017, Vol 32, Issue 2, p43
- ISSN
2159-0370
- Publication type
Article
- DOI
10.3167/isr.2017.320204