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The impact of the doctrine of forum non conveniens on nationality criterion in the light of Palestinian civil and commercial procedures law: the case of Palestinians with residency in Israel

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Kameel T. A. R., Abd Yahya I. K., Massadeh F. A.-M., Madi R.
The Lawyer Quarterly
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2021
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vol. 11
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issue 2
252-270
EN
This paper explores the doctrine of forum non conveniens as it serves those resident in Israel with Palestinian nationality and Israeli identity cards. These Palestinians are situated under the jurisdiction of the Palestinian court, regardless of whether the plaintiff ’s nationality is Palestinian or foreign. It is important to note that the doctrine is less useful for a foreign plaintiff;1 however, this notation also applies to a lesser degree to Palestinian plaintiffs, as they enjoy the merits of the doctrine when instituting litigation in Palestinian courts, despite the impossibility of executing Palestinian decisions in the Israeli legal system. Thus, a “Palestinian” person, in this paper, faces the dilemma of having a Palestinian passport and nationality, but an Israeli identity.
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