Indigenous Land Rights In Israel

Author : Morad Elsana
Publisher : Routledge
Page : 180 pages
File Size : 53,8 Mb
Release : 2020-11-29
Category : Law
ISBN : 9780429595219

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Indigenous Land Rights in Israel by Morad Elsana Pdf

Introducing the Negev–Bedouin land issue from the international indigenous land rights perspective, this comparative study suggests options for the recognition of their land. The book demonstrates that the Bedouin land dispossession, like many indigenous peoples’, progressed through several phases that included eviction and displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouin’s traditional land rights. Examining the Mawat legal doctrine on which the State and the Court rely on to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and shows how the limitations of this law prevent any meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines’ land in Australia is introduced as an example of indigenous peoples' successful struggle for their traditional land rights. The final chapter analyzes the basic elements of judicial recognition of the land and shows that the basic elements needed for Bedouin land recognition exist in the Israeli legal system. Proposing practical recommendations for the recognition of Bedouin land, this volume is a key resource to scholars and students interested in land rights, international law, comparative studies, and the Middle East.

Author : Ḥusayn Abū Ḥusayn,Fiona McKay
Publisher : Zed Books
Page : 338 pages
File Size : 46,5 Mb
Release : 2003-09
Category : Law
ISBN : 184277123X

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Access Denied by Ḥusayn Abū Ḥusayn,Fiona McKay Pdf

This book examines how Israeli land policy today inhibits access to land for its own Arab citizens even within the 1948 boundaries of the state of Israel. Its authors explore the system of land ownership, the acquisition and administration of public land, and the control of land use through planning and housing regulations. They argue that the law is used to discriminate against non-Jewish citizens and restrict Israeli Palestinians' access to land, and that Israeli land policies breach international human rights standards which could be used as a basis to challenge discriminatory policies.

Author : Morad Elsana
Publisher : Unknown
Page : 251 pages
File Size : 47,8 Mb
Release : 2013
Category : Aboriginal Australians
ISBN : 1303314460

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The Dispossession and Recognition of Indigenous Peoples' Land Rights by Morad Elsana Pdf

The Bedouin experience is common among many indigenous peoples around the world. Often national law denies indigenous rights and their claims for traditional land, and courts enforce this denial. At the same time, international law fails to provide meaningful assistance. Relying mainly on relentless perseverance, several indigenous groups have ultimately achieved recognition of their rights utilizing both national and international elements of law. In several occurrences, such as the Aborigines of Australia, indigenous peoples succeeded in establishing a connection between their customary law and state law which enabled courts to recognize their traditional land rights.

Author : Ahmad Amara
Publisher : Harvard University Press
Page : 128 pages
File Size : 45,7 Mb
Release : 2013-02-25
Category : Law
ISBN : 9780986106224

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Indigenous (In)Justice by Ahmad Amara Pdf

Indigenous (In)Justice explores legal and human rights issues surrounding the Bedouin Arab population in Israel's Naqab/Negev desert. With contributions from international scholars, including United Nations officials, the volume examines the economic and social rights of indigenous peoples within the context of the Israeli-Palestinian conflict.

Author : Alexandre Kedar,Ahmad Amara,Oren Yiftachel
Publisher : Unknown
Page : 410 pages
File Size : 51,5 Mb
Release : 2018
Category : Bedouins
ISBN : 150360358X

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Emptied Lands by Alexandre Kedar,Ahmad Amara,Oren Yiftachel Pdf

Introduction : terra nullius in Zion? -- The legal geography of indigenous Bedouin dispossession -- The land regime of the late Ottoman period -- The land regime of the Bristish Mandate period -- Making the "dead Negev doctrine" during the Israeli period -- Historical geography of the Negev : Bedouin agriculture -- Bedouin territory and settlements -- The Bedouin as an indigenous community -- International law, indigenous land rights and Israel -- Contested futures -- State and Bedouin policies and plans

Author : Angela Cameron,Sari Graben,Val Napoleon
Publisher : University of Toronto Press
Page : 385 pages
File Size : 54,8 Mb
Release : 2020-11-03
Category : Law
ISBN : 9781487532130

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Creating Indigenous Property by Angela Cameron,Sari Graben,Val Napoleon Pdf

While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.

Author : Alan C. Tidwell,Barry Scott Zellen
Publisher : Routledge
Page : 250 pages
File Size : 41,7 Mb
Release : 2015-10-05
Category : Law
ISBN : 9781317537540

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Land, Indigenous Peoples and Conflict by Alan C. Tidwell,Barry Scott Zellen Pdf

Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land conflicts from the South Pacific, Australasia, South East Asia, Africa, North and South America, and northern Eurasia. These regional cases discuss issues such as modernization, the evolution of systems and institutions regulating land use, access and management, and the resolution of indigenous land conflicts, drawing out common problems and solutions. The lessons learnt from the book will be of value to students, researchers, legal professionals and policy makers with an interest in land and property rights worldwide.

Author : Morad Elsana
Publisher : Routledge
Page : 152 pages
File Size : 55,9 Mb
Release : 2020-11-29
Category : Law
ISBN : 9780429593925

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Indigenous Land Rights in Israel by Morad Elsana Pdf

Introducing the Negev–Bedouin land issue from the international indigenous land rights perspective, this comparative study suggests options for the recognition of their land. The book demonstrates that the Bedouin land dispossession, like many indigenous peoples’, progressed through several phases that included eviction and displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouin’s traditional land rights. Examining the Mawat legal doctrine on which the State and the Court rely on to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and shows how the limitations of this law prevent any meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines’ land in Australia is introduced as an example of indigenous peoples' successful struggle for their traditional land rights. The final chapter analyzes the basic elements of judicial recognition of the land and shows that the basic elements needed for Bedouin land recognition exist in the Israeli legal system. Proposing practical recommendations for the recognition of Bedouin land, this volume is a key resource to scholars and students interested in land rights, international law, comparative studies, and the Middle East.

Author : Mauro Barelli
Publisher : Routledge
Page : 229 pages
File Size : 40,7 Mb
Release : 2016-04-14
Category : Law
ISBN : 9781317332176

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Seeking Justice in International Law by Mauro Barelli Pdf

Today human rights represent a primary concern of the international legal system. The international community’s commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia, its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international law that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups. At one level, the book assesses whether international law has responded fairly and adequately to the human rights claims of indigenous peoples. At another level, it explores the relationship between this response and some distinctive features of the indigenous peoples’ struggle for justice, reflecting on the extent to which the latter have influenced and shaped the former. The book draws important conclusions as to the reasons behind international law’s positive recognition of indigenous peoples’ rights, shedding some light on the potential and limits of international law as an instrument of justice. The book will be of great interest to students and scholars of public international law, human rights and social movements.

Author : Shlomo Sand
Publisher : Verso Books
Page : 305 pages
File Size : 44,6 Mb
Release : 2012-11-20
Category : History
ISBN : 9781844679461

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The Invention of the Land of Israel by Shlomo Sand Pdf

What is a homeland and when does it become a national territory? Why have so many people been willing to die for such places throughout the twentieth century? What is the essence of the Promised Land? Following the acclaimed and controversial The Invention of the Jewish People, Shlomo Sand examines the mysterious sacred land that has become the site of the longest-running national struggle of the twentieth and twenty-first centuries. The Invention of the Land of Israel deconstructs the age-old legends surrounding the Holy Land and the prejudices that continue to suffocate it. Sand’s account dissects the concept of “historical right” and tracks the creation of the modern concept of the “Land of Israel” by nineteenth-century Evangelical Protestants and Jewish Zionists. This invention, he argues, not only facilitated the colonization of the Middle East and the establishment of the State of Israel; it is also threatening the existence of the Jewish state today.

Author : Human Rights Watch (Organization)
Publisher : Human Rights Watch
Page : 130 pages
File Size : 42,5 Mb
Release : 2008
Category : Bedouins
ISBN : 8210379456XXX

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Off the Map by Human Rights Watch (Organization) Pdf

Author : Deborah F. Shmueli,Rassem Khamaisi
Publisher : Springer
Page : 102 pages
File Size : 54,7 Mb
Release : 2015-06-02
Category : Political Science
ISBN : 9783319168203

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Israel’s Invisible Negev Bedouin by Deborah F. Shmueli,Rassem Khamaisi Pdf

This Brief provides a contextual framework for exploring the settlement rights of Israel's Bedouin population of the Negev desert, a traditionally pastoral nomadic Arab population. In 1948, the Israeli government relocated this population from the Negev region to settlements in Siyag. The explicit aim was to control the Negev area for security purposes, sedentarize a nomadic people, and to improve their living conditions and bring them into the modern economy. Since then, many of the Bedouin population have continued to urbanize, moving into smaller towns and cities, while some remain in the settlement. The Israeli government’s has recently proposed a new settlement policy towards the Bedouin population, that would expel many from their current homes, which came into recent controversy with the UN Human Rights commission, causing it to be withdrawn. Israel as a whole has very complex social, cultural, and political fabric with territorial uncertainties. This Brief aims to provide an overview of the current situation, provide a theoretical, historical and legal context, explore barriers to implementation of previously proposed policies, and provide potential solutions to improve individual and collective stability and balance the cultural and territorial needs of the Bedouin population with the larger goals of the Israeli government. This work will be of interest to researchers studying Israel specifically, as well as researchers in urban planning, public policy, and issues related to indigenous populations and human rights.

Author : Newman, Dwight
Publisher : Edward Elgar Publishing
Page : 528 pages
File Size : 45,6 Mb
Release : 2022-04-19
Category : Law
ISBN : 9781788115797

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Research Handbook on the International Law of Indigenous Rights by Newman, Dwight Pdf

This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising in international Indigenous rights law.

Author : Steven Salaita
Publisher : U of Minnesota Press
Page : 285 pages
File Size : 55,9 Mb
Release : 2016-11-01
Category : Political Science
ISBN : 9781452953175

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Inter/Nationalism by Steven Salaita Pdf

“The age of transnational humanities has arrived.” According to Steven Salaita, the seemingly disparate fields of Palestinian Studses and American Indian studies have more in common than one may think. In Inter/Nationalism, Salaita argues that American Indian and Indigenous studies must be more central to the scholarship and activism focusing on Palestine. Salaita offers a fascinating inside account of the Boycott, Divestment, and Sanctions (BDS) movement—which, among other things, aims to end Israel’s occupation of Palestinian land. In doing so, he emphasizes BDS’s significant potential as an organizing entity as well as its importance in the creation of intellectual and political communities that put Natives and other colonized peoples such as Palestinians into conversation. His discussion includes readings of a wide range of Native poetry that invokes Palestine as a theme or symbol; the speeches of U.S. President Andrew Jackson and early Zionist thinker Ze’ev Jabotinsky; and the discourses of “shared values” between the United States and Israel. Inter/Nationalism seeks to lay conceptual ground between American Indian and Indigenous studies and Palestinian studies through concepts of settler colonialism, indigeneity, and state violence. By establishing Palestine as an indigenous nation under colonial occupation, this book draws crucial connections between the scholarship and activism of Indigenous America and Palestine.

Author : Dan Rabinowitz
Publisher : Brandeis University Press
Page : 298 pages
File Size : 47,5 Mb
Release : 2018-12-04
Category : History
ISBN : 9781512603101

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The Lost Library by Dan Rabinowitz Pdf

The Strashun Library was among the most important Jewish public institutions in Vilna, and indeed in Eastern Europe, prior to its destruction during World War II. Mattityahu Strashun, descended from a long and distinguished line of rabbis, bequeathed his extensive personal library of 5,753 volumes to the Vilna Jewish community on his death in 1885, with instructions that it remain open to all. In the summer of 1941, the Nazis came to Vilna, plundered the library, and shipped many of its books to Germany for deposition at a future Institute for Research into the Jewish Question. When the war ended, the recovery effort began. Against all odds, a number of the greatest treasures of the library could be traced. However, owing to its diverse holdings and its many prewar patrons, a custody battle erupted over the remaining holdings. Who should be heir to the Strashun Library? This book tells the story of the Strashun Library from its creation through the contentious battle for ownership following the war until present day. Pursuant to a settlement in 1958, the remnants of the greatest prewar library in Europe were split between two major institutions: the secular YIVO in the United States and the rabbinic library of Hechal Shlomo in Israel, a compromise that struck at the heart of the library's original unifying mission.