Eyal Benvenisti
Biographic Data
| ID | 957212 |
|---|---|
| NAME | Eyal Benvenisti |
| GIVEN NAMES | Eyal |
| FAMILY NAME | Benvenisti |
| SIGNATURE | BENVENISTI E |
| AFFILIATIONS | University of Cambridge |
| ORCID | 0000-0003-4568-9991 |
| VERIFIED | Yes |
| TOTAL WORKS | 39 |
| TOTAL CITATIONS | 128 |
| WORKS AS AUTHOR | 36 |
| WORKS AS EDITOR | 3 |
| FIRST PUBLICATION YEAR | 1993 |
| LATEST PUBLICATION YEAR | 2022 |
| H-INDEX | 6 |
The Birth and Life of the Definition of Military Objectives
The forgotten story of the birth and life of the definition of ‘military objectives’ is relevant to the ongoing discussion about the need to adapt the law to asymmetric warfare. This definition, authored by a West German law professor and former member of the Nazi party, was driven by a Western effort to privilege regular armies while curbing the actions of guerrilla fighters and exposing their civilian supporters to harm. The Non-Aligned Movemen…
Are There Any Inherently Public Functions for International Law
In “Are There ‘Inherently Sovereign Functions’ in International Law?”, Frédéric Mégret provides a deeply insightful reflection on “the essence of the state” from the point of view of international law, outlining a theory about the inherently sovereign functions in international law. He carefully identifies existing norms of international law that articulate certain public functions to be performed solely by the state rather than delegating them t…
Inclusion and Representation
This Article examines the authority of states to settle individual private property claims in post–conflict negotiations towards settlement. We analyze this question by exploring the limits of states’ authority to take or limit private property rights for the public good. We argue that this authority rests on two cumulative justifications: the inclusion of the property owners among the public that stands to benefit from the public good, and their…
Monopolizing War
In this article, we challenge the canonical narrative about civil society’s efforts to discipline warfare during the mid-19th century – a narrative of progressive evolution of Enlightenment-inspired laws of war, later to be termed international humanitarian law. Conversely, our historical account shows how the debate over participation in international law-making and the content of the law reflected social and political tensions within and betwee…
Beyond the ‘Sham’ Critique and the Narrative of Humanitarianism
We are very grateful to Professor von Bernstorff for taking the trouble to read and comment on our article,1 which is a segment of a larger research project. His feedback will be invaluable in taking this project successfully to its next stage. While we could not address each and every aspect of his critique, the following response addresses four elements: the assertion that we argued that international humanitarian law (IHL) is merely a sham; hi…
The WHO—Destined to Fail
In this Essay, I argue that the World Health Organization (WHO) has not been equipped with the necessary authority to adequately fulfill its mission. The WHO was built on the mistaken assumption that attaining adequate global health is a matter of high-level coordination. However, the challenge of global health governance is, crucially, also one of complex political cooperation. I distinguish between different types of cooperation problems faced …
Legal Dualism
Introduction to security enactments - law-making by the military government the prescription of Israeli law to the Jewish settlements extraterritorial prescription of Israeli law assimilation of Israeli law by the military government the Israeli High Court of Justice and the territories
Legal Dualism
Community Interests Across International Law
This book explores the extent to which contemporary international law expects states to take into account the interests of others, namely third states or their citizens when they form and implement their policies, negotiate agreements, and in general conduct their relations with other states. The contributions to this book also inquire whether international law imposes on states in certain situations not only the duty to consider the interests of…
Community Interests in International Migration and Refugee Law
This chapter takes a closer look at some of the main components of international refugee law and some of the recent European practices in order to see how they resonate the notion of community obligation and convey a commitment to the common protection of human rights, in a way that deviates from a purely consent-based conception of the norms. It addresses four main points: (1) a broad interpretation of the definition of refugee in the convention…
Toward Algorithmic Checks and Balances
Upholding Democracy Amid the Challenges of New Technology
The law on global governance that emerged after World War II was grounded in irrefutable trust in international organizations and an assumption that their subjection to legal discipline and judicial review would be unnecessary and, in fact, detrimental to their success. The law that evolved systematically insulated international organizations from internal and external scrutiny and absolved them of any inherent legal obligations – and, to a degre…
Upholding Democracy Amid the Challenges of New Technology
The law of strangers
The ever-intensifying trends of global interdependence have created a complex reality in which decisions of sovereign states, like those of international courts, radiate far beyond their traditional confines, affecting the interests of a range of strangers (third states, individuals, corporations, and others), without being politically accountable to them. Could and should international courts narrow these accountability gaps by insisting that st…
An Article that Changed the Course of History?
Yehuda Blum's article, ostensibly devoted to an examination of the lawfulness of a military order under the law of occupation, actually explored a preliminary question – whether Jordan had valid title to the West Bank (referred to as ‘Judea and Samaria’). Concluding that Jordan had no title, Blum concluded that the law of occupation did not apply. This reflection revisits Blum's thesis. It suggests that Blum's argument failed to elucidate the rel…
The Missing Argument
In July 1967, one month after Israel's occupation of the West Bank, Gaza Strip, Sinai Peninsula, and Golan Heights, Israel's Military Advocate General (MAG), Colonel Meir Shamgar, appeared before a Knesset committee to discuss the Israel Defense Forces (IDF)’s duties in the areas under its control. Col. Shamgar had led the MAG Corps in the preparations in the event that a future war would find the army occupying beyond Israel's borders. Col. Sham…
Leaving Legacies Open-Ended
As a response to the Symposium on the International Criminal Tribunals for the former Yugoslavia and Rwanda published by the American Journal of International Law on the occasion of the tribunals’ closure, this AJIL Unbound Symposium intends to broaden the debate on the “legacies” of those courts. The AJIL Symposium contains articles on the creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Crim…
Democracy Captured
The Premises, Assumptions, and Implications of Van Gend en Loos
In its Van Gend en Loos judgment, the ECJ assigned citizens directly enforceable rights vis-à-vis their respective state executives, and authorized national courts to protect those rights. What explains the Court's suspicion of state executives as the sole actors to implement Community law (acting directly or through the Commission)? What justifies its confidence in the ability of the national courts to protect the individuals
Sovereigns as Trustees of Humanity
We live in a shrinking world where interdependence between countries and communities is increasing. These changes also affect—as they should—the concept of sovereignty. In past decades the predominant conception of sovereignty was akin to owning a large estate separated from other properties by rivers or deserts. By contrast, today’s reality is more analogous to owning a small apartment in one densely packed high-rise that is home to two hundred …
The Laws of Occupation and Commercial Law Reform in Occupied Territories
The essay ‘The Laws of Occupation and Commercial Law Reform in Occupied Territories: Clarifying a Widespread Misunderstanding’ accuses my 1993 book of fostering the ‘misleading’ contention that Article 64 of the Fourth Geneva Convention of 1949 recognizes the authority of occupants to modify all types of laws (and not only penal laws), beyond the limited scope of legislative authority recognized under Article 43 of the 1907 Hague Regulations. The…
Impact of International Law on International Cooperation
Toward global checks and balances
National Courts, Domestic Democracy, and the Evolution of International Law
National courts are gradually abandoning their traditional policy of deference to their executive branches in the field of foreign policy and beginning more aggressively to engage in the interpretation and application of international law. This change has been precipitated by the recognition of courts in democratic states that continued passivity in the face of a rapidly expanding international regulatory apparatus raises constitutionally-related…
National Courts, Domestic Democracy, and the Evolution of International Law
Sovereigns as Trustees of Humanity
We live in a shrinking world where interdependence between countries and communities is increasing. These changes also affect—as they should—the concept of sovereignty. In past decades the predominant conception of sovereignty was akin to owning a large estate separated from other properties by rivers or deserts. By contrast, today’s reality is more analogous to owning a small apartment in one densely packed high-rise that is home to two hundred …
Reclaiming Democracy
Not so long ago the overwhelming majority of courts in democratic countries shared a reluctance to refer to foreign and international law. Their policy was to avoid any application of foreign sources of law that would clash with the position of their domestic governments. Many jurists find recourse to foreign and international law inappropriate. But even the supporters of reference to external sources of law hold this unexplored assumption that r…
Judicial Misgivings Regarding the Application of International Law
Judicial Misgivings Regarding the Application of International Law: An Analysis of Attitudes of National Courts Eyal Benvenisti Eyal Benvenisti *Lecturer, the Hebrew University of Jerusalem, Faculty of Law. LL.B., the Hebrew Unversity LL.M., J.S.D., the Yale Law School Search for other works by this author on: Oxford Academic Google Scholar European Journal of International Law, Volume 4, Issue 2, 1993, Pages 159–183, https://doi.org/10.1093/oxfo…
Collective Action in the Utilization of Shared Freshwater
There is enough freshwater in the world to meet the existing and future needs of the world’s population. Water, however, is poorly distributed: there are regions that suffer severe drought, while others are heavily flooded; regions that have ample water in winter, but not enough in summer; and regions that abound in water during certain years, but are threatened by droughts in others. Thus, the management of freshwater is largely a question of re…
National Courts, Domestic Democracy, and the Evolution of International Law
National courts are gradually abandoning their traditional policy of deference to their executive branches in the field of foreign policy and beginning more aggressively to engage in the interpretation and application of international law. This change has been precipitated by the recognition of courts in democratic states that continued passivity in the face of a rapidly expanding international regulatory apparatus raises constitutionally-related…
The WHO—Destined to Fail
In this Essay, I argue that the World Health Organization (WHO) has not been equipped with the necessary authority to adequately fulfill its mission. The WHO was built on the mistaken assumption that attaining adequate global health is a matter of high-level coordination. However, the challenge of global health governance is, crucially, also one of complex political cooperation. I distinguish between different types of cooperation problems faced …
Water Conflicts During the Occupation of Iraq
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Private Claims to Property Rights in the Future Israeli-Palestinian Settlement
The Declaration of Principles on Interim Self-Government Arrangements, signed by the Government of Israel and the Palestine Liberation Organization (PLO), and the exchange of letters between the PLO Chairman and Israel’s Prime Minister, both agreed upon in September 1993, have set the stage for a process of reconciliation and the settlement of the long and bitter conflict over Palestine/Eretz Yisrael. The Cairo Agreement on the Gaza Strip and the…
The Origins of the Concept of Belligerent Occupation
The contemporary international law of occupation, which regulates the conduct of occupying forces during wartime, was framed over the course of deliberations among European governments during the second half of the nineteenth century. The debates between representatives of strong and weak powers on this matter dominated the conferences in Brussels (1874) and The Hague (1899), whose goal was to formulate the laws of war through an international ag…
Monopolizing War
In this article, we challenge the canonical narrative about civil society’s efforts to discipline warfare during the mid-19th century – a narrative of progressive evolution of Enlightenment-inspired laws of war, later to be termed international humanitarian law. Conversely, our historical account shows how the debate over participation in international law-making and the content of the law reflected social and political tensions within and betwee…
Toward global checks and balances
The US and the Use of Force
Absent a clear case of an armed attack, the UN Charter severely restricts the ability of individual states to react to what they perceive as their national security risks, relegating such a task to the collective decision-making of the Security Council. Contemporary global security risks pose serious challenges to this regime. Stopping terrorist groups and rogue regimes from obtaining weapons of mass destruction or ending incidents of mass atroci…
Judges and Foreign Affairs
‘[T]he role of national courts in the application of international law ... must be strengthened if international law is to have greats efficacy.’1 ‘'Judges, however, as state functionaries, cannot neglect considaations of state intertsts and these may, on occasions, demand that doctrinal niceties be given short shrift in order to meet particular governmental emrgencies.’2
Toward Algorithmic Checks and Balances
Upholding Democracy Amid the Challenges of New Technology
The law on global governance that emerged after World War II was grounded in irrefutable trust in international organizations and an assumption that their subjection to legal discipline and judicial review would be unnecessary and, in fact, detrimental to their success. The law that evolved systematically insulated international organizations from internal and external scrutiny and absolved them of any inherent legal obligations – and, to a degre…
Upholding Democracy Amid the Challenges of New Technology
Democracy Captured
The Israeli-Palestinian Declaration of Principles
The Israeli-Palestinian Declaration of Principles: A Framework for Future Settlement Get access Eyal Benvenisti Eyal Benvenisti * Lecturer, the Hebrew University, Faculty of Law. LL.B. (the Hebrew University); LL.M., J.SD. (Yale Law School). I thank Dr. Eyal Zamir, for his most valuable comments on an earlier draft Search for other works by this author on: Oxford Academic Google Scholar European Journal of International Law, Volume 4, Issue 4, 19…
Judicial Misgivings Regarding the Application of International Law
Judicial Misgivings Regarding the Application of International Law: An Analysis of Attitudes of National Courts Eyal Benvenisti Eyal Benvenisti *Lecturer, the Hebrew University of Jerusalem, Faculty of Law. LL.B., the Hebrew Unversity LL.M., J.S.D., the Yale Law School Search for other works by this author on: Oxford Academic Google Scholar European Journal of International Law, Volume 4, Issue 2, 1993, Pages 159–183, https://doi.org/10.1093/oxfo…
The Israeli-Palestinian Declaration of Principles
The Israeli-Palestinian Declaration of Principles: A Framework for Future Settlement Get access Eyal Benvenisti Eyal Benvenisti * Lecturer, the Hebrew University, Faculty of Law. LL.B. (the Hebrew University); LL.M., J.SD. (Yale Law School). I thank Dr. Eyal Zamir, for his most valuable comments on an earlier draft Search for other works by this author on: Oxford Academic Google Scholar European Journal of International Law, Volume 4, Issue 4, 19…
Judges and Foreign Affairs
‘[T]he role of national courts in the application of international law ... must be strengthened if international law is to have greats efficacy.’1 ‘'Judges, however, as state functionaries, cannot neglect considaations of state intertsts and these may, on occasions, demand that doctrinal niceties be given short shrift in order to meet particular governmental emrgencies.’2
Private Claims to Property Rights in the Future Israeli-Palestinian Settlement
The Declaration of Principles on Interim Self-Government Arrangements, signed by the Government of Israel and the Palestine Liberation Organization (PLO), and the exchange of letters between the PLO Chairman and Israel’s Prime Minister, both agreed upon in September 1993, have set the stage for a process of reconciliation and the settlement of the long and bitter conflict over Palestine/Eretz Yisrael. The Cairo Agreement on the Gaza Strip and the…
Collective Action in the Utilization of Shared Freshwater
There is enough freshwater in the world to meet the existing and future needs of the world’s population. Water, however, is poorly distributed: there are regions that suffer severe drought, while others are heavily flooded; regions that have ample water in winter, but not enough in summer; and regions that abound in water during certain years, but are threatened by droughts in others. Thus, the management of freshwater is largely a question of re…
The Role of National Courts in Preventing Torture of Suspected Terrorists
review of specific methods has also the benefit of disengagement from actual situations of emergency. Such prospective rulings could guide interrogators and prevent excessive harm to detainees. An example for a petition seeking such ruling is the petition concerning the method of 'shaking', a method proven to carry fatal consequences.* One problem with the prescription, of general rules on interrogation methods, however, is the effect that such p…
Sharing Transboundary Resources
Why do states often fail to cooperate, using transboundary natural resources inefficiently and unsustainably? This book, first published in 2002, examines the contemporary international norms and policy recommendations that could provide incentives for states to cooperate. Its approach is multi-disciplinary, proposing transnational institutions for the management of transboundary resources. Benvenisti takes a fresh approach to the problem, consid…
Water Conflicts During the Occupation of Iraq
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Impact of International Law on International Cooperation
This 2004 book aims at advancing our understanding of the influences international norms and international institutions have over the incentives of states to cooperate on issues such as environment and trade. Contributors adopt two different approaches in examining this question. One approach focuses on the constitutive elements of the international legal order, including customary international law, soft law and framework conventions, and on the…
The US and the Use of Force
Absent a clear case of an armed attack, the UN Charter severely restricts the ability of individual states to react to what they perceive as their national security risks, relegating such a task to the collective decision-making of the Security Council. Contemporary global security risks pose serious challenges to this regime. Stopping terrorist groups and rogue regimes from obtaining weapons of mass destruction or ending incidents of mass atroci…
Israel and the Palestinian Refugees
Asian Traditions and Contemporary International Law on the Management of Natural Resources
In the 1997 decision of the International Court of Justice in the dispute between Hungary and Slovakia regarding the uses of the Danube, Judge Weeramantry invoked ancient Asian traditions concerning the utilization of shared water resources to offer novel insights for the development of international law. In searching for inspiration for the concept of sustainable development in international environmental law, Judge Weeramantry examined the anci…
The Origins of the Concept of Belligerent Occupation
The contemporary international law of occupation, which regulates the conduct of occupying forces during wartime, was framed over the course of deliberations among European governments during the second half of the nineteenth century. The debates between representatives of strong and weak powers on this matter dominated the conferences in Brussels (1874) and The Hague (1899), whose goal was to formulate the laws of war through an international ag…
Reclaiming Democracy
Not so long ago the overwhelming majority of courts in democratic countries shared a reluctance to refer to foreign and international law. Their policy was to avoid any application of foreign sources of law that would clash with the position of their domestic governments. Many jurists find recourse to foreign and international law inappropriate. But even the supporters of reference to external sources of law hold this unexplored assumption that r…
Impact of International Law on International Cooperation
Toward global checks and balances
National Courts, Domestic Democracy, and the Evolution of International Law
National courts are gradually abandoning their traditional policy of deference to their executive branches in the field of foreign policy and beginning more aggressively to engage in the interpretation and application of international law. This change has been precipitated by the recognition of courts in democratic states that continued passivity in the face of a rapidly expanding international regulatory apparatus raises constitutionally-related…
National Courts, Domestic Democracy, and the Evolution of International Law
The Laws of Occupation and Commercial Law Reform in Occupied Territories
The essay ‘The Laws of Occupation and Commercial Law Reform in Occupied Territories: Clarifying a Widespread Misunderstanding’ accuses my 1993 book of fostering the ‘misleading’ contention that Article 64 of the Fourth Geneva Convention of 1949 recognizes the authority of occupants to modify all types of laws (and not only penal laws), beyond the limited scope of legislative authority recognized under Article 43 of the 1907 Hague Regulations. The…
Sovereigns as Trustees of Humanity
We live in a shrinking world where interdependence between countries and communities is increasing. These changes also affect—as they should—the concept of sovereignty. In past decades the predominant conception of sovereignty was akin to owning a large estate separated from other properties by rivers or deserts. By contrast, today’s reality is more analogous to owning a small apartment in one densely packed high-rise that is home to two hundred …
The Premises, Assumptions, and Implications of Van Gend en Loos
In its Van Gend en Loos judgment, the ECJ assigned citizens directly enforceable rights vis-à-vis their respective state executives, and authorized national courts to protect those rights. What explains the Court's suspicion of state executives as the sole actors to implement Community law (acting directly or through the Commission)? What justifies its confidence in the ability of the national courts to protect the individuals
Leaving Legacies Open-Ended
As a response to the Symposium on the International Criminal Tribunals for the former Yugoslavia and Rwanda published by the American Journal of International Law on the occasion of the tribunals’ closure, this AJIL Unbound Symposium intends to broaden the debate on the “legacies” of those courts. The AJIL Symposium contains articles on the creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Crim…
Democracy Captured
An Article that Changed the Course of History?
Yehuda Blum's article, ostensibly devoted to an examination of the lawfulness of a military order under the law of occupation, actually explored a preliminary question – whether Jordan had valid title to the West Bank (referred to as ‘Judea and Samaria’). Concluding that Jordan had no title, Blum concluded that the law of occupation did not apply. This reflection revisits Blum's thesis. It suggests that Blum's argument failed to elucidate the rel…
The Missing Argument
In July 1967, one month after Israel's occupation of the West Bank, Gaza Strip, Sinai Peninsula, and Golan Heights, Israel's Military Advocate General (MAG), Colonel Meir Shamgar, appeared before a Knesset committee to discuss the Israel Defense Forces (IDF)’s duties in the areas under its control. Col. Shamgar had led the MAG Corps in the preparations in the event that a future war would find the army occupying beyond Israel's borders. Col. Sham…
Political science (36 works) · Law (26 works) · Law (25 works) · Sociology (25 works) · International Law and Human Rights (21 works) · International law (15 works) · Law and economics (15 works) · Politics (15 works) · International Arbitration and Investment Law (11 works) · Economics (10 works)