Fayaz Alkotob and Others v. Halil Iskander Shahin and Others

Abstract

States as international persons — State succession — Respect for private rights — Right of appeal — The law of Israel

State territory — In general — Effects of changes of sovereignty — State succession — Vested rights — Enforcement of judgment of court of former sovereign — Continuity of the law — Preservation of right of appeal by successor State — Whether appeal a matter of public law — Whether successor State obliged to set up court of appeal — Denial of justice — Domestic law and international law — The law of Israel.

States as international persons — State succession — Continuity of the law — Pending actions — East Jerusalem — Israeli occupation — Decision of Jordanian court prior to occupation — Final appeal to Court of Cassation not lodged because of occupation — Whether Israeli courts will enforce judgment — Whether Israel obliged to provide for final appeal — Abolition of final appeals by Israeli authorities — Whether breach of international law — The law of Israel