Revaluation of Funds Returned by Public Authorities in the West Bank

Research output: Contribution to journalArticle

Abstract

This paper examines an issue in which public international law, private international law and commercial law intersect. The Civil Administration of the West Bank, which provided governmental services to the Palestinian population in the West Bank, held for various reasons funds paid by individuals (e.g., bail in criminal proceedings). The paper examines whether the Civil Administration had a duty to revaluate funds returned in due course, so as to compensate for inflation. A complex network of laws govern this issue, ranging from principles of English Law and Jordanian legislation, through Israeli administrative law (governing the conduct of the Israeli-controlled Civil Administration), Israeli contract law, and principles of public and private international law.

The paper argues that while no duty of revaluation is imposed by local law (i.e., English and Jordanian law enacted during the time each controlled the West Bank), the Civil Administration should revaluate funds based on principles of Israeli contract law imposed through Israeli administrative law on the Civil Administration. The paper then addresses another complex issue - what would be the standard for revaluation, given that funds were paid in several currencies (mainly the Israeli Shekel and the Jordanian Dinar), and by people living in communities with different economies and inflation rates (West Bank Palestinians, Jordanians and Israelis).
Original languageEnglish (US)
Pages (from-to)27-78
JournalArmy & Law
Volume13
StatePublished - 1999

Fingerprint

revaluation
public authorities
Israeli
bank
Law
international law
private law
administrative law
Palestinian
inflation
commercial law
bail
local law
criminal proceedings
public law
currency
legislation
economy

Cite this

Revaluation of Funds Returned by Public Authorities in the West Bank. / Aviram, Amitai.

In: Army & Law, Vol. 13, 1999, p. 27-78.

Research output: Contribution to journalArticle

@article{00d74563dece4f9084921ea4eeef322b,
title = "Revaluation of Funds Returned by Public Authorities in the West Bank",
abstract = "This paper examines an issue in which public international law, private international law and commercial law intersect. The Civil Administration of the West Bank, which provided governmental services to the Palestinian population in the West Bank, held for various reasons funds paid by individuals (e.g., bail in criminal proceedings). The paper examines whether the Civil Administration had a duty to revaluate funds returned in due course, so as to compensate for inflation. A complex network of laws govern this issue, ranging from principles of English Law and Jordanian legislation, through Israeli administrative law (governing the conduct of the Israeli-controlled Civil Administration), Israeli contract law, and principles of public and private international law.The paper argues that while no duty of revaluation is imposed by local law (i.e., English and Jordanian law enacted during the time each controlled the West Bank), the Civil Administration should revaluate funds based on principles of Israeli contract law imposed through Israeli administrative law on the Civil Administration. The paper then addresses another complex issue - what would be the standard for revaluation, given that funds were paid in several currencies (mainly the Israeli Shekel and the Jordanian Dinar), and by people living in communities with different economies and inflation rates (West Bank Palestinians, Jordanians and Israelis).",
author = "Amitai Aviram",
year = "1999",
language = "English (US)",
volume = "13",
pages = "27--78",
journal = "Army & Law",

}

TY - JOUR

T1 - Revaluation of Funds Returned by Public Authorities in the West Bank

AU - Aviram, Amitai

PY - 1999

Y1 - 1999

N2 - This paper examines an issue in which public international law, private international law and commercial law intersect. The Civil Administration of the West Bank, which provided governmental services to the Palestinian population in the West Bank, held for various reasons funds paid by individuals (e.g., bail in criminal proceedings). The paper examines whether the Civil Administration had a duty to revaluate funds returned in due course, so as to compensate for inflation. A complex network of laws govern this issue, ranging from principles of English Law and Jordanian legislation, through Israeli administrative law (governing the conduct of the Israeli-controlled Civil Administration), Israeli contract law, and principles of public and private international law.The paper argues that while no duty of revaluation is imposed by local law (i.e., English and Jordanian law enacted during the time each controlled the West Bank), the Civil Administration should revaluate funds based on principles of Israeli contract law imposed through Israeli administrative law on the Civil Administration. The paper then addresses another complex issue - what would be the standard for revaluation, given that funds were paid in several currencies (mainly the Israeli Shekel and the Jordanian Dinar), and by people living in communities with different economies and inflation rates (West Bank Palestinians, Jordanians and Israelis).

AB - This paper examines an issue in which public international law, private international law and commercial law intersect. The Civil Administration of the West Bank, which provided governmental services to the Palestinian population in the West Bank, held for various reasons funds paid by individuals (e.g., bail in criminal proceedings). The paper examines whether the Civil Administration had a duty to revaluate funds returned in due course, so as to compensate for inflation. A complex network of laws govern this issue, ranging from principles of English Law and Jordanian legislation, through Israeli administrative law (governing the conduct of the Israeli-controlled Civil Administration), Israeli contract law, and principles of public and private international law.The paper argues that while no duty of revaluation is imposed by local law (i.e., English and Jordanian law enacted during the time each controlled the West Bank), the Civil Administration should revaluate funds based on principles of Israeli contract law imposed through Israeli administrative law on the Civil Administration. The paper then addresses another complex issue - what would be the standard for revaluation, given that funds were paid in several currencies (mainly the Israeli Shekel and the Jordanian Dinar), and by people living in communities with different economies and inflation rates (West Bank Palestinians, Jordanians and Israelis).

M3 - Article

VL - 13

SP - 27

EP - 78

JO - Army & Law

JF - Army & Law

ER -