The course will introduce to the students basic concepts and rules of international taxation, developed in the national and international spheres, referring, among other things, to OECD rules, and critically examine the ways in which these norms and instruments are implemented in Israel. The course will examine the manners in which taxation may facilitate international trade, or rather impose barriers to it. It will explore the motivation behind the latter practice, introducing national, regional and multilateral legal instruments developed to prevent this result.
The course will refer to principal mixed jurisdictions (e.g., Scotland, Quebec, Israel) that combine elements of common and continental law. Mixed jurisdictions provide a laboratory to understand the harmonization process of legal systems happening today. Due to the intermingling of civil law and common law, on the one hand, and secular and religious law, on the other, the case of Israel will be of particular interest. The discussion about mixed jurisdictions involves seminal questions that will be discussed in the course: the idea of pluralism in law, the relationship between colonialism and modernization, and the idea of legal transplants. The first part of the course will analyze the idea of legal traditions, focusing upon the continental legal system, the common law legal system, and the religious legal system. Following this analysis, the second part of the course will develop the distinction of the mixed legal system in broad and narrow senses. The third part, discusses mixed legal systems based on common law and civil law, focusing on Louisiana, Quebec, South Africa, Puerto Rico, Scotland and Israel.
This course is an introductory skill-building course in negotiation, dispute management and resolution. It offers participants an opportunity to improve their negotiation skills, learning how negotiations fall apart, and how conflict forms. It explores the spectrum of third-party intervention methods, showing how these processes are implemented and institutionalized on the inter-personal level as well as in the international sphere. By understanding the design and management methods of the mediation process, participants will be able to bring their improved negotiation skills to bear in assisting others to negotiate and resolve conflicts peacefully. The learning format includes interactive lectures and simulation-games.
This course introduces the normative structure and theoretical foundations of Public International Law (PIL), while highlighting the interplay between PIL and international relations, legal philosophy and political science. A particular focus of the course is the relevance of PIL to the issues and challenges confronting the State of Israel. The course consists of three parts. The first part will deal with the history of PIL, its normative foundations and some of the main features of the international sphere. The second part of the course will present selected issues in PIL, that are of special relevance to the State of Israel: Statehood, The Prohibition against the Use of Force, International Humanitarian Law (including occupation law), and International Criminal Law. The third part of the course will offer a closer look into issues relating to PIL and Israel, including: The creation of the State of Israel and the legal status of Palestine, legality of Israel’s armed conflicts (Protective Edge as a test case), and lessons from the battle of the State of Israel against terror (selected topics – Targeted Killings and Home Demolitions).
The course on international criminal law focuses on the Rome Statute of 1998, which embodies norms of international individual responsibility for the most serious crimes, such as the crime of genocide, crimes against humanity, war crimes and the crime of aggression. The course examines the historical, the philosophical and the practical backgrounds of the Rome Statute; which is the ultimate conclusive development of the field of international criminal law. In addition, given the domestic national influence of comparative legal systems on the ultimate version of the Rome Statute, comparative theories of criminal law will be discussed.
The course aims to introduce to the students the legal system of the European Union. It will provide a general historical overview of the European integration process. The course will cover both the constitutional and the institutional architecture of the European Union. Attention will be given to the composition, powers, decision-making and functioning of the European political and legal institutions. The course will also deal with the protection of human rights in Europe and the relationship between the European Union and the European Convention of Human Rights. Additionally the course will discuss intra-trade issues (within the common market) and international trade issues (the relationship between the European Union and the WTO). The main aim of the course is to equip the students with the toolkit needed to understand the underlying principles and the normative structure of the European legal integration. It will familiarize the students with the legislation process and the court’s precedents, and will make the students feel comfortable dealing with European sources.
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