Reform of Admiralty jurisdiction in the State of Israel

Rimon, Rahel (1996) Reform of Admiralty jurisdiction in the State of Israel. University of Southampton, Doctoral Thesis.

Abstract

This thesis analyses the current jurisdiction of the Israeli Maritime Court, the antiquated Admiralty legislation inherited from the period of the British Mandate and the difficulties faced by the Israeli judiciary in attempting to deal fairly and rationally with complex modern disputes.

The first statute enacted upon the establishment of the State of Israel was the Law and Administration Ordinance, 1948, providing for the validity of subsequent Israeli legislation and continuing effect of Palestine law obtaining on the 14^th May, 1948.

On the 14^th May 1948, the law of Palestine comprised:

1. Ottoman law in force in Palestine on the 1^st November, 1914.

2. English law, consisting of Acts of the British Parliament, Orders of His Majesty in Council made applicable to Palestine, and case law reflecting English common law and the doctrines of equity in force in England.

3. Law enacted by the Palestine legislature, which also was heavily influenced by English law and precedent. Today, Israel's Admiralty law is governed by the Colonial Courts of Admiralty Acts 1840-1890, introduced by the Palestine Admiralty Jurisdiction Order in Council 1937. Together with Ordinances issued by the High Commissioner of Palestine during the period of the British Mandate, these Acts have laid the foundation of the present structure and jurisdiction of Israel's Maritime Court. Legislation enacted by Israel's parliament has done little to modernize the jurisdiction or bring the Maritime Court's procedure into line with procedure in the civil courts of Israel. The primary cause of the failure to engage in reform would appear to be the lack of awareness of the subject and its importance for the commercial life of the country.

The thesis considers the contest between the Vice-Admiralty Rules 1883, which apply in the Maritime Court, and the Israeli Rules of Civil Procedure which provide for wider and more effective relief but whose application in the Maritime Court is based on doubtful statutory grounds.

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