The Justiciability of International Disputes


The Advisory opinion on Israel
Solon Solomon
Pages: 212 pages
Shipping Weight: 410 gram
Published: 07-2009
Publisher: WLP
Language: US
ISBN (softcover) : 9789058504371

Product Description


The Legal Advisor of the Knesset Foreign Affairs and Defense Committee: A comprehensive legal, professional approach to a major security issue. The author`s analysis of the various legal arguments argued before the International Court of Justice, as well as their enrichment with new ones, shed light to a new dimension as far as justiciability of international disputes is concerned. Moreover, the inclusion also of the relevant decisions of the Israeli Supreme Court and their comparison with the Advisory Opinion of the Court`s international counterpart, render the book applicable and useful to the Israeli and international practitioner alike."

- Advocate Miri Frankel-Schor, the Legal Advisor of the Knesset Foreign Affairs and Defense Commitee -

From the introduction... While justiciability lato sensu factors are exterior to the international matter before the Court and do not affect irreversibly its non justiciable character which can be affirmed once these factors cease to exist, this is not the case with justiciability stricto sensu. There, the reasons of the matter’s non justiciability are embedded in it and cannot be separated from it, unless a change in the very essence of the issue occurs. In order to practically demonstrate the aforementioned remark, the advisory opinion on Israel’s security fence (hence the Opinion), will be used as an example. The treatise will argue that apart from non justiciability lato sensu issues, which could on their own lead to the non adjudication of the case such as the alleged bias of Judge Elaraby, the political motives behind the request, its high technical character as well as the lack of evidence, the Court should decline to render an opinion mainly due to reasons of non justiciability stricto sensu, attached to the very nature of the issue. In particular, these reasons can be found in the issue’s bilateral, contentious character and in the fence’s utter connection with the issue of the Israeli settlements. Although the Court itself opted to declare otherwise, it is true that the issue before it was of an intense bilateral character, since it was ultimately connected with that of the settlements. The latter, are deemed illegal by the Palestinians and legal by the Israeli side...

Chapter 1 The justiciability doctrine - Its nature and role in the adjucation of issues
Chapter 2 The justiciability doctrine and the advisory opinon on Israel`s security fence
Chapter 3 The Isreali Supreme Court and the security fence epilogue

The author, an international practitioner, has served in the Knesset Legal Department, in charge of international and constitutional issues. He has taken part in major symposia and international legal events and articles of his have been published in various legal journals. In 2008, after a relevant competition, the Hebrew University Law Faculty awarded him the George Weber award of excellency for his article on the legal status of the Gaza Strip and the relevant Israeli policy.



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The Justiciability of International Disputes