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Judges Tomka, Aurescu and Abraham disagree that occupation by Israel was unlawful
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Legal implications for other countries and the United Nations
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Legal consequences arising from Israel’s policies and unlawful occupation
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Policies of Israel negatively impacted legal status of occupation of Palestinian territories
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Discriminatory policies violate CERD, and prolonged annexation deprives Palestinians of right to self determination
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Court finds that prolonged occupation and settlement policies undertaken by Israel violate rules of international law
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Israel considered to be an occupying power in Palestine, with the applicable law including human rights law, humanitarian law and general customary international law
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Methods of proof can include reliance on reports from independent and official bodies
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Court exercises power to determine material, temporal and territorial scope of questions raised in the request
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Compelling reasons raised by participants to refuse jurisdiction fail to find traction before the court
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Court has jurisdiction to give advisory opinion on legal questions
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Background: United Nations General Assembly requests advisory opinion on Israel-Palestine conflict
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Federal Tribunal also find no violation of the parties’ right to be heard, noting that the tribunal had asked the parties to comment on unforeseeable circumstances
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Court sees no violation of res judicata principle, since the two arbitrations dealt with different subject matters
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Awards may be set aside due to violation of principle of res judicata or of the parties’ right to be heard
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Additional claims raised in the proceedings are disregarded
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Request for partial set-aside is admissible
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Court recalls limited scope of set-aside proceedings
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Investment gives rise to two arbitrations, and several awards and set-aside decisions
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Background: Public-private casino venture implemented with support of Palestine Authority comes to a halt after Second Intifada
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