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ISSN: 0021–2237 Volume 46 Number 1 2013

In Memoriam: Shabtai Rosenne – Yehuda Z Blum

Introduction – Yuval Shany and Sir Nigel Rodley Volume 46

How Judges Use Weapons of Influence:The Social Psychology of Courts – Guy Davidov and Maayan Davidov

The Human Right to Water in Israel: A Case Study of the Unrecognised Bedouin Villages in the Negev

ubr121 pp 1–165 2013 Number 1 – Sharmila L Murthy, Mark Williams and Elisha Baskin

Inside and Outside the EFTA Court: Evaluating the Effectiveness of the EFTA Court Through its Structures – Thorbjörn Björnsson

Defamation Law in Turbulence: Does Israel Need ‘Libel Reform’? – Tamar Gidron

Applicability of Basic Law: Human Dignity and Freedom in the West Bank – Yaël Ronen

Cambridge Journals Online For further information about this journal please go to the journal web site at: journals.cambridge.org/isr Downloaded from https://www.cambridge.org/core. IP address: 170.106.35.93, on 01 Oct 2021 at 05:37:12, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0021223712000258 00212237_46-1.qxd 22/2/13 5:50 PM Page 2

Editors-in-Chief Subscriptions Sir Nigel Rodley University of Essex, UK Israel Law Review (ISSN: 0021 2237) is published three times a year in March, July and November by Cambridge University Press. The 2013 subscription price for institutions (excluding VAT) of volume 46 (2013), which includes print and online access Yuval Shany Hebrew University of Jerusalem, Israel is £122 (US$177 in the USA, Canada and Mexico). The subscription price for individuals for print only is £40 (US$65 in the USA, Canada and Mexico). Executive Editor For further information, visit http://journals.cambridge.org/isr Danny Evron Hebrew University of Jerusalem, Israel All prices include delivery by air if appropriate, and exclude VAT. EU subscribers (outside the UK) who are not registered for VAT Academic Editor should add VAT at their country’s rate. VAT registered members should provide their VAT registration number. Japanese prices for institutions (including ASP delivery) are available from Kinokuniya Company Ltd, P.O. Box 55, Chitose, Tokyo 156, Japan. Yaël Ronen Hebrew University of Jerusalem, Israel Orders, which must be accompanied by payment, may be sent to a bookseller, subscription agent or direct to the publisher: Cambridge University Press, The Edinburgh Building, Shaftesbury Road, Cambridge CB2 8RU, UK; or in the USA, Canada and Student Editors Mexico: Cambridge University Press, Journals Fulfillment Department, 100 Brook Hill Drive, West Nyack, New York 10994- Hebrew University of Jerusalem, Israel 2133. Copies of the Journal for subscribers in the USA, Canada and Mexico are sent by air to New York to arrive with minimum Guy Aaronsohn Joshua Hersch delay. Postmaster: send address changes in USA, Canada and Mexico to Journals Fulfillment Department, 100 Brook Hill Drive, Adi Atlas Noa Jeselsohn West Nyack, New York 10994-2133; or e-mail [email protected] Aviad Ben-Yehuda Alissa Kaduri Claims for missing issues will only be considered if made immediately on receipt of the subsequent issue. Elichai Bitter Shlomo Kaplan Gila Craimer Miya Keren Copying Izik Daniel Ofer Kovacs This journal is registered with the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923, USA. Organisations Nimrod Dror Yaniv Lushinsky in the USA who are also registered with the C.C.C. may therefore copy material (beyond the limits permitted by sections 107 Shani Galmor Rimone Rabinovitch and 108 of U.S. Copyright law) subject to payment to the C.C.C of the per copy fee of US$15.00. This consent does not extend Tomer Haramaty Yuval Shalem to multiple copying for promotional or commercial purposes. Code 1740-0228/13. ISI Tear Sheet Service, 3501 Market Street, Philadelphia, PA 19104, USA, is authorised to supply single copies of separate articles for private use only. Organisations autho- International Advisory Board rised by the Copyright Licensing Agency may also copy material subject to the usual conditions. For all other use, permission Professor Aharon Barak Inter-Disciplinary Center, Professor Mordechai Kremnitzer Hebrew University of should be sought from Cambridge or from the American Branch of Cambridge University Press. Herzliya, Israel Jerusalem, Israel Israel Law Review is included in the Cambridge Journals Online service which can be found at http://journals.cambridge.org/isr Judge Daphne Barak-Erez Supreme Court of Israel Professor David Kretzmer Hebrew University of Jerusalem, Israel Professor Malcolm Feeley University of California, Berkeley, USA Professor Fionnuala Ní-Aoláin University of Minnesota, USA © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 2013 Professor Jochen Frowein Max Planck Institute for and University of Ulster, Ireland ISSN 0021-2237 Comparative Public Law and International Law, Heidelberg, Professor Frances Raday College of Management Academic E-ISSN 2047-9336 Germany Studies, Rishon Le Zion, Israel This journal issue has been printed on FSC-certified paper and cover board. FSC is an independent, non-governmental, not-for- Professor Francoise Hampson University of Essex, UK Professor William Schabas Middlesex University, UK profit organisation established to promote the responsible management of the world’s forests. Please see www.fsc.org for further Professor Vicki Jackson Harvard Law School, USA Professor Malcolm Shaw University of Cambridge and information. Professor Michael Karayanni Hebrew University of Jerusalem, Leicester University, UK Israel Professor Henry Steiner Harvard Law School, USA Information for contributors Professor Eckart Klein Potsdam University, Germany Professor Ruti Teitel New York Law School, USA The Israel Law Review welcomes unsolicited articles and book reviews. For detailed submission instructions, see http://journals.cambridge.org/isr/ifc Focusing on law in times of tension and conflict, the Israel Law Review is a leading publication in the field of human rights, To be considered for publication and submitted to the review procedure, submissions should be within the scope of the Journal, public law and international law. as described on the inside front cover. Consideration will normally be given only to original material that has not previously been The Review is a peer-reviewed journal with a long-standing reputation for excellence, and attracts a combination of established published. In exceptional cases material that is currently under review elsewhere will be considered. Authors are asked to indicate authors and new voices writing on cutting edge topics. It is the oldest and most acclaimed Israeli law journal published in English, clearly with their submission if this is the case. established in 1966. Submissions should be written in good English and so authors are encouraged to have their contributions edited for language prior to submission, where necessary. The Israel Law Review is published under the auspices and management of the Minerva Center for Human Rights at the Law Faculty of the Hebrew University of Jerusalem. Under this stewardship, it focuses on scholarship in the fields of human rights, Article submissions should contribute specifically to scholarly discussions in the fields of human rights, public law and/or inter- public law and international law. It also examines the application of legal norms under conditions of conflict and political national law, and normally be in the range of 8,000 to 15,000 words (including footnotes), although longer submissions may be uncertainty, highlighting the relevance of the Israeli experience in these fields to other parts of the world and that of other accepted. societies to Israel. The Israel Law Review welcomes reviews of books covering the Journal’s areas of focus. Book reviews are subject to the standard review procedure. Books are not sent to unsolicited reviewers. Submissions should be prepared in editable electronic word-processing format (MS Word) and emailed to: Dr. Yaël Ronen, Academic Editor, [email protected]

Downloaded from https://www.cambridge.org/core. IP address: 170.106.35.93, on 01 Oct 2021 at 05:37:12, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0021223712000258 ISRAEL LAW REVIEW

Volume 46 Number 1 2013

In Memoriam: Shabtai Rosenne Yehuda Z Blum ...... 1 Introduction Yuval Shany and Sir Nigel Rodley ...... 5

ARTICLES

How Judges Use Weapons of Inﬂuence: The Social Psychology of Courts Guy Davidov and Maayan Davidov ...... 7 The Human Right to Water in Israel: A Case Study of the Unrecognised Bedouin Villages in the Negev Sharmila L Murthy, Mark Williams and Elisha Baskin ...... 25 Inside and Outside the EFTA Court: Evaluating the Effectiveness of the EFTA Court Through its Structures Thorbjörn Björnsson ...... 61 Defamation Law in Turbulence: Does Israel Need ‘Libel Reform’? Tamar Gidron ...... 95 Applicability of Basic Law: Human Dignity and Freedom in the West Bank Yaël Ronen ...... 135

The Israel Law Review gratefully acknowledges the ﬁnancial assistance provided by the perma- nent endowment fund established by Abraham D. Slavitt of Norwalk, Connecticut, USA, in memory of his beloved wife, Jennie A. Slavitt; by the Minerva Foundation, through the Minerva Center for Human Rights at the Hebrew University of Jerusalem; and by the Faculty of Law at the Hebrew University of Jerusalem.