ISRAEL LAW REVIEW最新文献_第8页

Memory Laws as a Misuse of Legislation 记忆法是立法的误用

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ISRAEL LAW REVIEW Pub Date : 2021-09-27 DOI: 10.1017/S0021223721000200

Eran Fish

引用次数: 0

Transformation – Overcoming the Limits of Liberal Peace and Transitional Justice in Deeply Divided Societies: Reconciliation in Liberal Peace Theory 转型——在深度分裂的社会中克服自由主义和平与过渡正义的局限:自由主义和平理论中的和解

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ISRAEL LAW REVIEW Pub Date : 2021-09-22 DOI: 10.1017/S0021223721000169

Or Avi-Guy

{"title":"Transformation – Overcoming the Limits of Liberal Peace and Transitional Justice in Deeply Divided Societies: Reconciliation in Liberal Peace Theory","authors":"Or Avi-Guy","doi":"10.1017/S0021223721000169","DOIUrl":"https://doi.org/10.1017/S0021223721000169","url":null,"abstract":"This article explores the tension between the theoretical conceptualisations of liberal peace, transitional justice and reconciliation by focusing on power sharing as a liberal peace institution-building mechanism. Power sharing is based on the premise that identities in conflict in deeply divided societies are difficult, if not impossible, to change. The article outlines the limitations of liberal peace by demonstrating how the implementation of power-sharing arrangements creates a political reality in which conflict patterns are further entrenched, thus hindering the prospects of conflict transformation. In order to address the limitations of liberal peace, the article draws on models of transformative justice to highlight the growing need for a new conceptualisation of reconciliation as a political and transformative concept, in which both justice and reconciliation are recognised as intrinsic goals for post-conflict societies. Thus, the re-establishment of political structures and institutional reforms is envisaged not only as a tool to promote political stability, but as a means of facilitating transformation in conflict patterns in the political and social spheres.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42445750","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Israeli Pre-Transitional Justice and the Nakba Law 以色列过渡时期前司法和纳克巴法

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ISRAEL LAW REVIEW Pub Date : 2021-09-13 DOI: 10.1017/S0021223721000157

Yoav Kapshuk, Lisa Strömbom

{"title":"Israeli Pre-Transitional Justice and the Nakba Law","authors":"Yoav Kapshuk, Lisa Strömbom","doi":"10.1017/S0021223721000157","DOIUrl":"https://doi.org/10.1017/S0021223721000157","url":null,"abstract":"Pre-transitional justice activities that expose past injustices during entrenched conflicts can incite strong reactions among actors who feel threatened by or dislike such activities, and who thus attempt to silence controversial truths. This article illuminates how attempts to silence controversial truths, in parallel with shutting down debate, can also have the unintended outcome of enlarging public discourse on previously marginalised issues. Thus, paradoxically, efforts to curb freedom of expression sometimes result instead in an expanded public capacity to debate previously silenced truths about the conflict. We conduct a case study of reactions to pre-transitional justice in Israeli society focusing on the so-called Nakba Law, enacted in 2011. Through interviews with members of the non-governmental organisation Zochrot, politicians, teachers and media persons, we first show the relationship between pre-transitional justice and enacting the Nakba Law. We then demonstrate that while the Nakba Law indeed aimed to hamper freedom of expression, it also enabled increased public knowledge about the meaning of Nakba. Our theoretical proposition regarding this paradox, in this case activated by instigating new memory laws, is highly relevant to other conflicts-in-resolution that experience pre-transitional justice processes.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47031981","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Introduction 介绍

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ISRAEL LAW REVIEW Pub Date : 2021-09-09 DOI: 10.1017/S0021223721000194

M. Shaw, Y. Shany, Y. Ronen

引用次数: 0

International Refugee Regime: An Alternative Form of Protection for Human Rights Defenders? 国际难民制度：人权捍卫者的另一种保护形式？

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ISRAEL LAW REVIEW Pub Date : 2021-08-20 DOI: 10.1017/S0021223721000066

Aikaterini Koula

引用次数: 0

Sri Lanka, Human Rights and the United Nations: A Scrutiny into the International Human Rights Engagement with a Third World State Thamil Venthan Ananthavinayagan Springer, 2019, xix + 266 pp, hb £99.99, ebk £79.50, ISBN 9789811373497 hb, 9789811373503 ebk 斯里兰卡，人权与联合国：对与第三世界国家的国际人权接触的审查Thamil Venthan Ananthavinayagan Springer，2019，xix+266 pp，hb£99.99，ebk£79.50，ISBN 9789811373497 hb，9789811373503 ebk

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ISRAEL LAW REVIEW Pub Date : 2021-08-05 DOI: 10.1017/s0021223721000145

P. Amarasinghe, Eshan Jayawardena

引用次数: 0

ISR volume 54 issue 2 Cover and Back matter ISR第54卷第2期封面和封底

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ISRAEL LAW REVIEW Pub Date : 2021-07-01 DOI: 10.1017/s0021223721000108

引用次数: 0

The Nation State Law and the Arabic Language in Israel: Downgrading, Replicating or Upgrading? 民族国家法与以色列的阿拉伯语：降级、复制还是升级？

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ISRAEL LAW REVIEW Pub Date : 2021-07-01 DOI: 10.1017/S0021223721000078

M. Wattad

{"title":"The Nation State Law and the Arabic Language in Israel: Downgrading, Replicating or Upgrading?","authors":"M. Wattad","doi":"10.1017/S0021223721000078","DOIUrl":"https://doi.org/10.1017/S0021223721000078","url":null,"abstract":"Article 4 of the Nation State Law (NSL), entitled ‘Languages’, stipulates that Hebrew is the language of the state (Article 4(a)); the Arabic language has a special status in the state and regulating the use of Arabic in or by state institutions will be set in law (Article 4(b)); and this clause does not harm the status given to the Arabic language before the law came into effect (Article 4(c), the ‘validity of laws’ clause). The question is whether, how, and to what extent these provisions hinder the present legal status of the Arabic language in Israel. The legal status of Arabic had never been determined decisively before enactment of the NSL. The High Court of Israel has always been divided on this matter, particularly between judges who perceived Arabic as an official language and judges who deemed it solely as having been granted its acknowledged ‘special legal status’. Furthermore, the judges who perceived Arabic as an official language of the state were also in dispute among themselves as to the meaning, the scope and the consequences of such recognition. Considering these circumstances, my view is that the NSL perpetuates the legal status of Arabic as prescribed in the laws and case law that already existed, and that the validity of laws clause, coupled with the special status granted to Arabic in a basic law, suggests that the door is still open for the Court to further endorse the legal status of Arabic in Israel.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0021223721000078","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47820054","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

ISR volume 54 issue 2 Cover and Front matter ISR第54卷第2期封面和封面问题

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ISRAEL LAW REVIEW Pub Date : 2021-07-01 DOI: 10.1017/s002122372100011x

Gabrielle Agus, Tali Brecher, MS Diab, E. Finkelman, Tamar Hacohen, Eitan Hagege, Omer Lubin, Y. Nadler, O. Nir, Nir Propper, N. Rubin, Shai Shalgi, Rachelle Taragin

引用次数: 0

Doctors Playing Gods? The Legal Challenges in Regulating the Experimental Stage of Cybernetic Human Enhancement – Erratum 医生扮演上帝？规范控制论人类增强实验阶段的法律挑战——勘误表

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ISRAEL LAW REVIEW Pub Date : 2021-07-01 DOI: 10.1017/s0021223721000091

Thibault Moulin

引用次数: 0