Israel Democracy Institute

About: Israel Democracy Institute is a based out in . It is known for research contribution in the topics: International law & Human rights. The organization has 23 authors who have published 80 publications receiving 768 citations.

Living in Denial: The Application of Human Rights in the Occupied Territories

Abstract: Are human rights norms applicable to occupied territories in general, and to the West Bank and the Gaza Strip in particular? The article examines the controversy that had arisen between Israel and the UN treaty monitoring bodies in relation to this question and critically analyzes Israel's three objections to such applicability: 1) the mutual exclusivity of humanitarian regime and human rights regime in occupied territories, the former being thus the only applicable law; 2) a restrictive interpretation of the jurisdictional provisions treaties; and 3) the lack of effective control in some of the territories. The article posits that the universal object and purpose of human rights treaties, which inform the proper interpretation of their jurisdictional clauses, require their applicability in all territories subject to the effective control of the state parties, as well as to other extra-territorial exercises of government power directly affecting individuals. Consequently, international human rights law and international humanitarian law apply in occupied territories in parallel and not to the exclusion of one another. This position is confirmed by extensive practice of the international human rights monitoring bodies, the International Court of Justice (ICJ), and by some decisions of the Israeli Supreme Court. In conclusion, the paper posits that Israel's refusal to apply the six principal human rights treaties to which it is party to the Occupied Territories is incompatible with its international law obligations and proceeds to propose modalities for the co-application of both human rights and humanitarian law in occupied territories.

Governance and public policy

Abstract: (2001) Governance and public policy Israel Affairs: Vol 7, Public Policy in Israel, pp 3-20

Social identity and voting behavior

Abstract: This paper uses the unique social structure of Arab communities to examine the effect of social identity on voter turnout. We first show that voters are more likely to vote for a candidate who shares their social group (signified by last name) as compared to other candidates. Using last name as a measure of group affiliation, an inverted U-shaped relationship between group size and voter turnout has been found (borderline significant) which is consistent with theoretical models that reconcile the paradox of voting by incorporating group behavior.

Contract Claims v. Treaty Claims: Mapping Conflicts Between ICSID Decisions on Multi-Sourced Investment Claims

Abstract: Three recent ICSID cases - Vivendi, SGS v. Pakistan, and SGS v. Philippines - have exposed some of the more difficult theoretical and practical uncertainties underlying modern international investment law. Specifically, the trilogy of cases reveals inconsistent approaches by international arbitrators to delineating the relationship between the contract claims and treaty claims. The note maps the legal questions raised by the surveyed decisions and discusses the various integrationist and disintegrationist methodologies arbitrators employ in order to regulate the interplay between contract and treaty claims. In addition, it tries to link the debate on the relations between contract claims and treaty claims to other debates on the relations between overlapping legal regimes taking place in the world of international investment law and in other areas of international law. Finally, it offers some pragmatic tools - the principles of judicial comity and abus de droit - capable of alleviating some of the tensions between contract and treaty claims.