Author: rjglbadmin
Just and Efficient Resolution of Private International Disputes: Israel’s New Theory of Jurisdiction
By: Yaad Rotem
What is the guiding rationale according to which the rules of international jurisdiction to adjudicate private disputes are to be construed? Israeli law has been contemplating this question for some time now, as the traditional territorial theory seems to be on the decline and is therefore unsatisfactory as a basis for modern legal rules. Unfortunately, a thorough effort to choose an alternative theory is still missing. A painful reminder of this current state of affairs was given recently as the Israeli Supreme Court issued, on the very same day, two decisions concerning cases in which a foreign plaintiff, having no other effective forum in which to litigate his dispute with the defendant, sought relief from Israeli courts.
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The Creation of a Global Competition Regime. Where Exactly Do the Obstacles Lie–Practical Co-operation or Ideological Differences?
By: Mervyn Martin
There has been considerable interest in the creation of a global competition regime in the WTO since its conception. It is an issue that has always emerged in the forum’s agenda, and yet, more than ten years later, the international trading system has been unable to agree on a global competition framework. Notwithstanding the current agreement to hold any framework negotiations in abeyance to enable the Doha Round negotiations to proceed, two interesting conclusions can be drawn. First of all, that the agreement pertains only to negotiation related discussions and not discussions per-se on the issue of competition. This would mean that the work of the working group on competition will continue.