Private claims to property rights in the future Israeli-Palestinian settlement

Article Abstract:

Monetary compensation is probably the most workable method of satisfying most private property claims by Israelis and Palestinians, especially if an institution is created to manage fund allocation. Compensation should focus prospectively on rehabilitation as well as on retrospective compensation for losses. Global lump sums could be settled between the respective governments based on reciprocal claim setoff, but the allocation to individuals might be based more on existing and projected needs, due to the problem of providing evidence for individual claims. Historical background, government policy toward private property, and types of claims are also discussed.

Author: Benvenisti, Eyal, Zamir, Eyal
Israel, Political aspects, Israeli foreign relations, International relations, Palestine Liberation Organization, Right of property, Property rights, West Bank, Jewish-Arab relations, Arab-Jewish relations

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The inverted hierarchy of contract interpretation and supplementation

Article Abstract:

Interpretation and supplementation of contracts doctrinally and empirically follow a pattern opposite of what the traditional model exhibits. Actual court practice, contracting parties' behavior, and social expectations all support an inverted hierarchy with reasonableness, good faith, default rules, and trade usages being resorted to before contract terms and course of performance and dealing. This inverted model is preferable to other models by its descriptive and ethical conformity to bargaining realities.

Author: Zamir, Eyal
United States, Interpretation and construction, Contracts

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Collective action in the utilization of shared freshwater: the challenges of international water resources law

Article Abstract:

Problems in managing international water resources could be resolved through cooperation and collective action. International water law can be used to promote direct interaction and create stable sustainable relationships between states over riparian rights and water utilization. An equitable use standard is useful in apportioning rights and encouraging cooperation, although human rights issues must be resolved as well.

Author: Benvenisti, Eyal
Water-supply, Water supply, Fresh water, Water resources development, Water resource development, Riparian rights, international

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Subjects list: International aspects
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