JournalTOCs

Israel Law Review
Journal Prestige (SJR): 0.165

Number of Followers: 2

Hybrid journal (It can contain Open Access articles)
ISSN (Print) 0021-2237 - ISSN (Online) 2047-9336
Published by Cambridge University Press

[387 journals]

ISR volume 52 issue 3 Cover and Front matter
- PubDate: 2019-11-01T00:00:00.000Z
  DOI: 10.1017/S0021223719000165
  Issue No: Vol. 52, No. 3 (2019)
ISR volume 52 issue 3 Cover and Back matter
- PubDate: 2019-11-01T00:00:00.000Z
  DOI: 10.1017/S0021223719000177
  Issue No: Vol. 52, No. 3 (2019)
Introduction
- Authors: Malcolm N Shaw; Yuval Shany, Yaël Ronen
  Pages: 293 - 294
  PubDate: 2019-11-01T00:00:00.000Z
  DOI: 10.1017/S0021223719000153
  Issue No: Vol. 52, No. 3 (2019)
Reinterpretation or Contestation of International Law in Cyberspace'
- Authors: François Delerue
  Pages: 295 - 326
  Abstract: Since the end of the Cold War, international law has increasingly been challenged by states and other actors. Specific norms have also been challenged in their application by new realities and obstacles. This article focuses on these challenges as they arise from the development of cyberspace and cyber operations, and offers an overview of the main questions arising with regard to the application of international law to cyber operations. By analysing the application of the existing norms of international law to cyber operations as well as identifying their limits, the article offers an accurate lens through which to study the contestation or process of reinterpretation of some norms of international law. The objective of the article is not to deliver a comprehensive analysis of how the norms of international law apply to cyber operations but to provide an overview of the key points and issues linked to the applicability and application of the norms as well as elements of contextualisation, notably after the failure of the 2016–17 United Nations Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security. The article comprises three parts. The first part focuses on the applicability of international law to cyber operations. The second part identifies challenges that affect the applicability and application of international law in general, while the third part analyses challenges that affect specific norms of international law, highlighting their limits in dealing with cyber threats.
  PubDate: 2019-11-01T00:00:00.000Z
  DOI: 10.1017/S0021223719000104
  Issue No: Vol. 52, No. 3 (2019)
Constitutionalism and Anti-Privatisation Strikes: Introducing an Eclectic
Model
- Authors: Lilach Litor
  Pages: 327 - 366
  Abstract: The rise of neoliberal agendas of political actors and a wave of privatisation in the globalisation era have often been followed by anti-privatisation strikes. These are union strikes against the privatisation process and against contracting out and opening markets to competition. The article presents the distinction between different versions of constitutionalism regarding anti-privatisation strikes. It discusses two approaches to constitutionalism – the economic approach and the collective approach – and their manifestation in the case law of Israel and the United Kingdom.The collective approach suggests the recognition of a constitutional status of collective rights as a basis for counter-balancing the neoliberal practices of regulators and political actors. Following the effects of liberalisation on the labour market – both in influencing union organisational capacity and in weakening job security of individual employees, the collective approach is aimed at protecting employees’ rights in a globalised-privatised era. Within the collective approach, constitutionalism is used as a basis for recognising anti-privatisation strikes. In contrast, the economic approach denies the existence of a constitutional right to strike against privatisation.The article presents an eclectic model which merges the two approaches, and advocates its adoption. Drawing on New Institutional Economics, the eclectic model offers a theory for moderating the constitutionalism practice and developing partial and restrained constitutionalism. It proposes the adoption of a constitutional right to strike against privatisation, when its application reduces transaction costs and advances efficiency and economic goals for the benefit of the public.
  PubDate: 2019-11-01T00:00:00.000Z
  DOI: 10.1017/S0021223719000128
  Issue No: Vol. 52, No. 3 (2019)
Recognition in the Context of the Israeli-Palestinian Conflict
- Pages: 367 - 412
  Abstract: Professor Yaël Ronen introduced the workshop as the fourth in a series of events on legal aspects of the Middle East conflict. Previous events concerned the Palestine Mandate of 1922, the 1948 refugee issue and territorial aspects of self-determination. The series is being held with the generous support of the Knapp Family Foundation and under the auspices of the International Law Forum of the Hebrew University's Faculty of Law. This workshop is also being held as part of the Shabtai Rosenne International Law Center Initiative. The workshop commemorates the work of the late Shabtai Rosenne, whose scholarship spanned a host of international law issues, but who is probably most well known for his work on the International Court of Justice (ICJ).
  PubDate: 2019-11-01T00:00:00.000Z
  DOI: 10.1017/S002122371900013X
  Issue No: Vol. 52, No. 3 (2019)
East West Street: Then and Now
- Authors: Philippe Sands
  Pages: 413 - 426
  Abstract: It is a great happiness to be with you today, and I am deeply honoured to be delivering the Lionel Cohen Lecture. That we should come together at the Hebrew University in Jerusalem, which I have had the great pleasure to visit on several occasions, stretching back many years, adds to the sense of personal significance.
  PubDate: 2019-11-01T00:00:00.000Z
  DOI: 10.1017/S0021223719000116
  Issue No: Vol. 52, No. 3 (2019)
The Paradigm of Originalism: Israeli Constitutional Law and Legal Thought
- Authors: Hassan Jabareen
  Pages: 427 - 454
  Abstract: This review essay challenges three main claims about originalism in American legal thought. While it affirms that originalism could be the Law of a legal system, it first challenges the mainstream idea that American originalism is the paradigmatic case in theory and in practice. Second, the essay confronts the normative justification that originalism ensures democracy based on the rule of law. Third, it interrogates the dichotomy between living constitutionalism and originalism regarding the use of history by arguing that originalism is a form of hegemony. The case study analysed in this article is Israeli legal thought and practice after the enactment of the 1992 Basic Laws, with the focus on the right of equality.
  PubDate: 2019-11-01T00:00:00.000Z
  DOI: 10.1017/S0021223719000141
  Issue No: Vol. 52, No. 3 (2019)