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	Palestinian Authority		Info-Prod Country Guide
BACKGROUND   JUDICIARY   BUSINESS FORMS & STRUCTURES   CURRENCY & BANKING   INTELLECTUAL PROPERTY   TAXATION   INVESTMENT & TRADE   ENVIRONMENTAL LAW

Legal Review While business people want to do business and they are less concerned with the legal intricacies involved in doing business, lawyers are more concerned with proper appellation, codes and structures. Since negotiations between the Palestinian Liberation Organization and Israel, commenced in 1993, changes have been taking place in almost every sector of life for Palestinians every day. Therefore, the nomenclature, the laws and the formalities change along with the latest current events, and they are not always immediately disseminated. Thus, there is a real risk of uncertainty in the Palestinian Authority, although policy makers assure continuity and consistency in the transfer of powers and subsequent law making as the Palestinian Authority takes control. The primary documents to which Israel and the Palestinian Authority are parties which affect the changing status and nature of the Palestinian Authority are the Declaration of Principles on Interim Self-Government Arrangements, signed in Washington, DC on September 13, 1993 (hereinafter, the DoP); the Israeli-Palestinian Interim Agreement on the West Bank and Gaza Strip, signed in Washington, DC on September 28, 1995 (hereinafter, Oslo 2); and the Protocol on Economic Relations, signed in Paris, France on April 29, 1994 (hereinafter, the Paris Protocol). There have been numerous other forum discussions, official and non-official committee meetings and conferences at which papers were presented and adopted which have some bearing on the changes taking place in the Palestinian Authority. Certain geographical areas and substantive areas of law have been delineated as within the control of the Palestinian Authority. Not all areas of law which are within the substantive jurisdiction of the Palestinian Authority may be applied or enforced in all areas under its geographical control. The various documents defining the process of moving to self-rule have delineated areas as follows: Area A covers urban areas which have autonomy, such as Gaza and Jericho. The Palestinian Authority is responsible for the administration and enforcement of laws on all levels in Area A, including civilian and police powers. Area B covers rural areas in which the Palestinian Authority has civilian jurisdiction but no police powers. Area C includes Jewish settlements, military areas and open areas. All powers and authority in Area C are administered and enforced by the Civil Administration. Certain of the agreements defining the transfer of powers to the Palestinian Authority have provided interior measures until a final resolution is reached. For example, special provisions in Oslo 2 allow for the transfer of taxes collected from Palestinians located in Area C by the Civil Administration to the Palestinian Authority. Legal Background A brief legal history of the area is essential to understanding the complexity of the issues facing the Palestinian Authority in gaining a unified system of laws. There are several sources of law which control various legal matters in different parts of territory known as Gaza and the West Bank. These sources include Ottoman civil law which was applied to Palestine during the Ottoman Empire's rule between 1517 and 1917. The Ottoman civil code, Al Magella, is still the applicable rule of law in the West Bank and Gaza with regard to some matters, if no subsequent laws have been adopted by any later controlling authority. The British occupied Mandatory Palestine from 1917 until Israeli independence in 1948, during which time its occupation was formalized as a mandate under the direction of the League of Nations (from 1922 to 1948). Many aspects of commercial law, among other areas of law, were the subject of decrees issued by the British High Commissioner during the Mandate Period. Mandatory law and British legal principles are widely applicable in Gaza today as a result of the British Mandate period and the lack of any subsequent legal authority until most recently. In contrast, the West Bank area has replaced most of the British Mandate laws with Jordanian laws. Since Israel's independence in 1948, the control and administration of the areas of Gaza and the West Bank have been diverse and not uniform. This has resulted in a dichotomous legal system which is being addressed by the Palestinian Authority. Gaza Following Israel's independence in 1948, Egypt administered the Gaza Strip until June 1967. Egypt never made any territorial claims over the Gaza Strip and merely undertook its administration. During the Egyptian administration, Egypt applied certain administrative regulations (hereinafter, the Egyptian Regulations) in order to implement the law, which were issued by the General Governor and Administrative Governor. While a legislative body was created called the Palestine Legislative Council, the British Mandatory law remained mostly intact. The West Bank In contrast to the Gaza Strip, Jordan formally annexed the West Bank in April of 1950. Thus, the applicable law in the area up until that time was modified and replaced as necessary to bring it into line with Jordanian law. Since June 1967, the West Bank has been controlled by Israel, and administered by the Israeli Defense Forces and, specifically, by the Israeli Civil Administration since 1981. Jordanian law continues to be applied in the West Bank, as modified by military orders issued by the Israeli military or Civil Administration (hereinafter, Military Orders), and in the absence of Jordanian law, reference is made to Ottoman civil law. Israeli Occupation of Gaza and the West Bank The Israeli Defense Forces administered the Gaza Strip and the West Bank from June 1967. With the exception of Israel's formal annexation of East Jerusalem, the territories under its administration continued to be controlled by the laws previously applicable to the specific area, as modified by Military Orders issued by the Israeli military and which relate primarily to matters of security. Areas that have obtained autonomy under the ambit of the Palestinian Authority apply laws enacted by the Palestinian Authority, and in matters where no new law has been enacted they continue to apply the rules of law that were applicable to those areas prior to autonomy. Thus, in the autonomous West Bank town of Jericho, laws enacted by the Palestinian Authority are applicable, but in their absence Jordanian law, modified by Military Orders (if such orders have not been revoked by the Palestinian Authority) is applied. Similarly, in Gaza, in the absence of laws enacted by the Palestinian Authority, British Mandatory law, as modified by Egyptian Regulations and by Military Orders (if such Military Orders have not been revoked by the Palestinian Authority), is applied. The Basic Law Draft The Palestinian Authority is currently in the process of adopting a temporary Basic Law (Draft of the Basic Law for the Palestinian National Authority in the Transitional Period - The First Reading). The law was drafted by a team of lawyers to serve as a provisional constitution for the Palestine state in formation. The Basic Law has passed the first reading and is yet to be put into final form. It can only take effect, however, after a joint Palestinian-Israel committee deit does not exceed the PA's rights under the Agreement on the Gaza Strip and the Jericho Area. So far, the Basic law contemplates a broad array of citizen rights and establishes a three pillar system of a reformed judiciary with extensive power as well as provisions for the legislative and the executive bodies. Its norms are superior to legislation or administrative decrees, and it also incorporates the most important treaties on international human rights. Contents Menu Next Chapter

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