•  4
    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 representation by the government that decides on …Read more
  •  7
    Implementing the Law by Impartial Agents: An Exercise in Tort Law and International Law
    with Ariel Porat
    Theoretical Inquiries in Law 6 (1): 1-36. 2005.
    Lawmakers regularly delegate authority to agents. Such delegation is accompanied by mechanisms that attempt to ensure that the agents adhere to the will of the lawmakers. But these mechanisms are often ineffective or inefficient. Moreover, at times the very imposition of constraints distorts the agents’ incentives and impels them to adopt skewed policies. We suggest that it is possible to reduce such wasteful enforcement costs by delegating authority to certain types of agents who will pursue th…Read more
  •  6
    Sovereignty and the Politics of Property
    Theoretical Inquiries in Law 18 (2): 447-468. 2017.
    The debate whether property is a limit on or the product of sovereignty envisages a tension between “the individual owner” and “the state.” But “the state” is not more than the aggregate of individuals who define theirs and others’ property rights through the state’s political process. The underlying tension between property and sovereignty is thus the tension between the economic market and the political market. Owners and others compete simultaneously at both levels to define, protect or impro…Read more
  •  5
    In 1992, Israel underwent a major constitutional reform, which provided Israel, for the first time in its history, with an effective system of separation of powers between the political branches of government. This reform was not intentional but, rather, a byproduct of the voluntary adoption by the two major political parties of open primaries as the method for choosing candidates on their lists for election to parliament. The adoption of the primaries system produced two major changes in the Is…Read more
  •  5
    The Multinational Corporation as “the Good Despot”: The Democratic Costs of Privatization in Global Settings
    with Doreen Lustig
    Theoretical Inquiries in Law 15 (1): 125-158. 2014.
    In 1861 John Stuart Mill published Considerations on Representative Government to discuss the justifications for democracy. In the third chapter of this book he explores why a government run by a Good Despot is unacceptable. In this Article we revisit Mill’s critique of the Good Despot to problematize the contemporary exercise of authority and influence by multinational companies, especially in foreign countries. Inspired by Mill, we redefine the problem of privatization. The challenges of priva…Read more
  •  3
    The Paradoxes of Sovereigns as Trustees of Humanity: Concluding Remarks
    Theoretical Inquiries in Law 16 (2): 535-548. 2015.
  •  26
    Comment on Brian Langille: "What is International Labor Law For?"
    Law and Ethics of Human Rights 3 (1): 83-86. 2009.
    This comment on Brian Langille's article agrees with Langille's claim that inter-state competition should not be viewed as the main challenge to the global efforts to regulate labor rights. The comment suggests, however, that there is another type of competition that poses a challenge, namely a transnational competition which takes place among sub-state actors. Focusing on this "transnational conflict paradigm," the ILO has the tools to engage domestic constituencies in an effort to promote labo…Read more
  •  23
    Perhaps the most distinctive aspect of the German approach to public law in general and to public international law in particular is the systemic vision: the effort to envision the various legal norms as arranged within a hierarchy, composing together a coherent, logical order. This essay highlights what I believe to be the contribution of this systemic vision to international law and politics. This approach has contributed significantly to the emergent conception of international law as a legal…Read more