The International Law Foundations Of Palestinian Nationality

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The International Law Foundations of Palestinian Nationality

Mutaz M. Qafisheh
The International Law Foundations of Palestinian Nationality Book PDF

Author : Mutaz M. Qafisheh
Publisher : BRILL
Page : 269 pages
File Size : 48,9 Mb
Release : 2008
Category : Law
ISBN : 9789004169845

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The International Law Foundations of Palestinian Nationality by Mutaz M. Qafisheh Pdf

By the end of British rule in Palestine on 14 May 1948, Palestinian nationality had become well established in accordance with both domestic law and international law. Accordingly, the legal origin of Palestinian nationality lies in this nearly thirty-year period as the status of Palestinians has never been settled since. Hence, any legal consideration on the future status of individuals who once held Palestinian nationality should start from the point at which the British rule over Palestine was terminated. This work provides a legal basis for future settlement of the status of Palestinians of all categories that emerged in some sixty years following the end of the Palestine Mandate: Israeli citizens, inhabitants of the occupied territory, and Palestinian refugees. In conclusion, nationality as regulated by Britain in Palestine represents an international status that cannot be legally altered except in accordance with international law.

Palestinian Refugees in International Law

Francesca P. Albanese,Lex Takkenberg
Palestinian Refugees in International Law Book PDF

Author : Francesca P. Albanese,Lex Takkenberg
Publisher : Oxford University Press
Page : 660 pages
File Size : 42,7 Mb
Release : 2020-05-21
Category : Law
ISBN : 9780191086786

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Palestinian Refugees in International Law by Francesca P. Albanese,Lex Takkenberg Pdf

The Palestinian refugee question, resulting from the events surrounding the birth of the state of Israel seventy years ago, remains one of the largest and most protracted refugee crises of the post-WWII era. Numbering over six million in the Middle East alone, Palestinian refugees' status varies considerably according to the state or territory 'hosting' them, the UN agency assisting them and political circumstances surrounding the Israeli-Palestinian conflict these refugees are naturally associated with. Despite being foundational to both the experience of the Palestinian refugees and the resolution of their plight, international law is often side-lined in political discussions concerning their fate. This compelling new book, building on the seminal contribution of the first edition (1998), offers a clear and comprehensive analysis of various areas of international law (including refugee law, human rights law, humanitarian law, the law relating to stateless persons, principles related to internally displaced persons, as well as notions of international criminal law), and probes their relevance to the provision of international protection for Palestinian refugees and their quest for durable solutions.

Palestinian Refugees in International Law

Francesca Albanese,Lex Takkenberg
Palestinian Refugees in International Law Book PDF

Author : Francesca Albanese,Lex Takkenberg
Publisher : Oxford University Press, USA
Page : 609 pages
File Size : 47,5 Mb
Release : 2020
Category : Law
ISBN : 9780198784043

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Palestinian Refugees in International Law by Francesca Albanese,Lex Takkenberg Pdf

The Palestinian conflict has produced one of the most tragic refugee crises since World War II, with the number of refugees caused by the violence associated with the creation of the State of Israel numbering around 11 million in 2011. The much lauded first edition, in 1998, of The Status of Palestinian Refugees in International Law was the first book to comprehensively analyse the legal aspects of the Palestinian refugee crisis, yet the last two decades have seen multiple developments. New waves of conflict and displacement have affected Palestinian refugees in the Middle East, and there has been Israeli encroachment on Palestinian territory. Hamas has grown, and a schism has formed within the first Palestinian government. The so-called "Arab Spring" has impacted the life, fate, and legal status of thousands of Palestinian refugees. In international legal jurisprudence, change has been similarly rapid. In 2004, the International Court of Justice delivered a crucial advisory opinion on the Separation Wall, authoritatively elucidating the international legal framework applicable to the Israeli occupation. Numerous international human rights bodies and UN fact-finding missions have added their analysis to the mix. The possibility of the State of Palestine joining the International Criminal Court has spurred discussion relating to the applicability of international criminal law to Palestinian refugees. Clear, compelling, and authoritative, Lex Takkenberg and Francesca Albanese discuss the status quo both on the ground and in the courts, and pose future scenarios to come.

Rethinking Statehood in Palestine

Leila H. Farsakh
Rethinking Statehood in Palestine Book PDF

Author : Leila H. Farsakh
Publisher : Univ of California Press
Page : 329 pages
File Size : 55,6 Mb
Release : 2021-10-26
Category : History
ISBN : 9780520385634

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Rethinking Statehood in Palestine by Leila H. Farsakh Pdf

A free open access ebook is available upon publication. Learn more at www.luminosoa.org. The quest for an inclusive and independent state has been at the center of the Palestinian national struggle for a very long time. This book critically explores the meaning of Palestinian statehood and the challenges that face alternative models to it. Giving prominence to a young set of diverse Palestinian scholars, this groundbreaking book shows how notions of citizenship, sovereignty, and nationhood are being rethought within the broader context of decolonization. Bringing forth critical and multifaceted engagements with what modern Palestinian self-determination entails, Rethinking Statehood sets the terms of debate for the future of Palestine beyond partition.

The Statehood of Palestine

John Quigley
The Statehood of Palestine Book PDF

Author : John Quigley
Publisher : Cambridge University Press
Page : 128 pages
File Size : 41,5 Mb
Release : 2010-09-06
Category : Law
ISBN : 9781139491242

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The Statehood of Palestine by John Quigley Pdf

Palestine as a territorial entity has experienced a curious history. Until World War I, Palestine was part of the sprawling Ottoman Empire. After the war, Palestine came under the administration of Great Britain by an arrangement with the League of Nations. In 1948 Israel established itself in part of Palestine's territory, and Egypt and Jordan assumed administration of the remainder. By 1967 Israel took control of the sectors administered by Egypt and Jordan and by 1988 Palestine reasserted itself as a state. Recent years saw the international community acknowledging Palestinian statehood as it promotes the goal of two independent states, Israel and Palestine, co-existing peacefully. This book draws on evidence from the 1924 League of Nations mandate to suggest that Palestine was constituted as a state at that time. Palestine remained a state after 1948, even as its territory underwent permutation, and this book provides a detailed account of how Palestine has been recognized until the present day.

The Subjects of Ottoman International Law

Lâle Can,Michael Christopher Low,Kent F. Schull,Robert Zens
The Subjects of Ottoman International Law Book PDF

Author : Lâle Can,Michael Christopher Low,Kent F. Schull,Robert Zens
Publisher : Indiana University Press
Page : 283 pages
File Size : 46,9 Mb
Release : 2020-10-13
Category : History
ISBN : 9780253056627

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The Subjects of Ottoman International Law by Lâle Can,Michael Christopher Low,Kent F. Schull,Robert Zens Pdf

The core of this edited volume originates from a special issue of the Journal of the Ottoman and Turkish Studies Association (JOTSA) that goes well beyond the special issue to incorporate the stimulating discussions and insights of two Middle East Studies Association conference roundtables and the important work of additional scholars in order to create a state-of-the-field volume on Ottoman sociolegal studies, particularly regarding Ottoman international law from the eighteenth century to the end of the empire. It makes several important contributions to Ottoman and Turkish studies, namely, by introducing these disciplines to the broader fields of trans-imperial studies, comparative international law, and legal history. Combining the best practices of diplomatic history and history from below to integrate the Ottoman Empire and its subjects into the broader debates of the nineteenth-century trans-imperial history this unique volume represents the exciting work and cutting-edge scholarship on these topics that will continue to shape the field in years to come.

The Refugee in International Law

Guy S. Goodwin-Gill,Jane McAdam
The Refugee in International Law Book PDF

Author : Guy S. Goodwin-Gill,Jane McAdam
Publisher : Oxford University Press
Page : 865 pages
File Size : 46,9 Mb
Release : 2021-09-09
Category : Law
ISBN : 9780192536501

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The Refugee in International Law by Guy S. Goodwin-Gill,Jane McAdam Pdf

The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection—non-discrimination, due process, rescue at sea, and solutions— are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.

Citizenship After Orientalism

Engin F Isin
Citizenship After Orientalism Book PDF

Author : Engin F Isin
Publisher : Routledge
Page : 296 pages
File Size : 42,7 Mb
Release : 2015-10-14
Category : Political Science
ISBN : 9781317681380

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Citizenship After Orientalism by Engin F Isin Pdf

This collection offers a postcolonial critique of the ostensible superiority or originality of ‘Western’ political theory and one of its fundamental concepts, ‘citizenship’. The chapters analyse the undoing, uncovering, and reinventing of citizenship as a way of investigating citizenship as political subjectivity. If it has now become very difficult to imagine citizenship merely as nationality or membership in the nation-state, this is at least in part because of the anticolonial struggles and the project of reimagining citizenship after orientalism that they precipitated. If it has become difficult to sustain the orientalist assumption, the question arises; how do we investigate citizenship as political subjectivity after orientalism? This book was originally published as a special issue of Citizenship Studies.

Leading Works on the Legal Profession

Daniel Newman
Leading Works on the Legal Profession Book PDF

Author : Daniel Newman
Publisher : Taylor & Francis
Page : 265 pages
File Size : 42,7 Mb
Release : 2023-07-28
Category : Law
ISBN : 9781000915938

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Leading Works on the Legal Profession by Daniel Newman Pdf

This collection provides an innovative and engaging way of assessing the development of legal profession scholarship and its potential future development by presenting an analysis of the ‘leading works’ of the discipline. The book was written by prominent and emerging international scholars in the field, with each contributor having been invited to select and analyse a work which has for them shed light on what the legal profession is and what it does. The chapters explore the effect that the chosen work has had upon legal profession scholarship as a whole, both within particular jurisdictions and internationally. Contributors also reflect upon the likely implications of the leading work on the future study of and application to the legal profession. They relate the works to recent and contemporary developments in law and access to justice, such as the rise of technology, impact of the Covid-19 pandemic, and issues of funding, to highlight the interpretative value of such scholarship. Presenting an overview and introduction to the field of legal profession research, the collection will be required reading for researchers looking to study any aspect of the legal profession. It will also prove compelling for a wide variety of access to justice and justice system research projects. The book will also appeal to scholars interested in legal ethics.

Invention of Palestinian Citizenship, 1918-1947

Lauren Banko
Invention of Palestinian Citizenship 1918 1947 Book PDF

Author : Lauren Banko
Publisher : Edinburgh University Press
Page : 288 pages
File Size : 49,8 Mb
Release : 2016-07-08
Category : History
ISBN : 9781474415514

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Invention of Palestinian Citizenship, 1918-1947 by Lauren Banko Pdf

Inventing the national and citizen in Palestine : Great Britain, sovereignty and the legislative context, 1918-1925 -- The notion of 'rights' and the practices of nationality and citizenship from the Palestinian Arab perspective, 1918-1925 -- The diaspora and the meanings of Palestinian citizenship, 1925-1931 -- Institutionalising citizenship : creating distinctions between Arab and Jewish Palestinian citizens, 1926-1934 -- Whose rights to citizenship? Expressions and variations of Palestinian mandate citizenship, 1926-1935 -- The Palestine revolt and stalled citizenship -- Conclusion. The end of the experiment : discourses on citizenship at the close of the mandate.

Transnational Palestine

Nadim Bawalsa
Transnational Palestine Book PDF

Author : Nadim Bawalsa
Publisher : Stanford University Press
Page : 377 pages
File Size : 54,9 Mb
Release : 2022-07-26
Category : History
ISBN : 9781503632271

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Transnational Palestine by Nadim Bawalsa Pdf

Tens of thousands of Palestinians migrated to the Americas in the final decades of the nineteenth century and early decades of the twentieth. By 1936, an estimated 40,000 Palestinians lived outside geographic Palestine. Transnational Palestine is the first book to explore the history of Palestinian immigration to Latin America, the struggles Palestinian migrants faced to secure Palestinian citizenship in the interwar period, and the ways in which these challenges contributed to the formation of a Palestinian diaspora and to the emergence of Palestinian national consciousness. Nadim Bawalsa considers the migrants' strategies for economic success in the diaspora, for preserving their heritage, and for resisting British mandate legislation, including citizenship rejections meted out to thousands of Palestinian migrants. They did this in newspapers, social and cultural clubs and associations, political organizations and committees, and in hundreds of petitions and pleas delivered to local and international governing bodies demanding justice for Palestinian migrants barred from Palestinian citizenship. As this book shows, Palestinian political consciousness developed as a thoroughly transnational process in the first half of the twentieth century—and the first articulation of a Palestinian right of return emerged well before 1948.

Statelessness

Mira L. Siegelberg
Statelessness Book PDF

Author : Mira L. Siegelberg
Publisher : Unknown
Page : 329 pages
File Size : 55,5 Mb
Release : 2020
Category : History
ISBN : 9780674976313

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Statelessness by Mira L. Siegelberg Pdf

The post-WWI crisis of statelessness induced creative legal thinking, as officials and jurists debated cosmopolitan citizenship beyond the borders of sovereigns. But by midcentury the state won out as the lone site of citizenship. Mira Siegelberg uncovers the ideological roots of this transformation and its impact on the international order.

Palestine Membership in the United Nations

Mutaz Qafisheh
Palestine Membership in the United Nations Book PDF

Author : Mutaz Qafisheh
Publisher : Cambridge Scholars Publishing
Page : 460 pages
File Size : 43,6 Mb
Release : 2014-10-16
Category : Law
ISBN : 9781443869744

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Palestine Membership in the United Nations by Mutaz Qafisheh Pdf

This book aims to bridge the scientific gap that exists with regard to Palestine’s membership of the UN as a State. As international law cannot operate outside the context of the global political atmosphere, the book focuses on the international legal dimension as well as the political/practical aspects of UN statehood recognition. With chapters written by leading international scholars, this collection is directed to those concerned with the strengthening of international law and the UN. Complex issues of representation and the confusing situation of citizenship, given the multiple residential circumstances in which Palestinians are forced to live, are explored with unsurpassed clarity. This invaluable contribution to the scholarly literature offers an ideal point of departure for understanding the core issues as they exist at this time. In this volume, Dr Qafisheh and eighteen other contributors go beyond the direct implications of Palestinian statehood within the UN to consider the prospects for a resolution of one of the longest conflicts in history. The UN statehood resolution of November 2012 reaffirms the two-State consensus which increasingly seems to be a desert mirage without any prospect of being realized. What self-determination might mean in light of this background, where the two-State solution seems to be nearing the end of its sunset phase, is explored in creative ways throughout the book. The book consists of three parts. Part I presents the framework of Palestine’s UN membership, its legal and political foundations, its implications for PLO representation, Palestinian refugees and population status, and its impact on concerned parties. Part II focuses on selected issues that arise in relation to Palestine’s UN membership, including human rights, humanitarian law, international criminal law, prisoners, Jerusalem, water and the accession to the WTO. Part III connects the history with future solutions for Palestinian-Israeli conflict.

Routledge Handbook of Global Citizenship Studies

Engin F. Isin,Peter Nyers
Routledge Handbook of Global Citizenship Studies Book PDF

Author : Engin F. Isin,Peter Nyers
Publisher : Routledge
Page : 934 pages
File Size : 54,6 Mb
Release : 2014-06-27
Category : Political Science
ISBN : 9781136237959

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Routledge Handbook of Global Citizenship Studies by Engin F. Isin,Peter Nyers Pdf

Citizenship studies is at a crucial moment of globalizing as a field. What used to be mainly a European, North American, and Australian field has now expanded to major contributions featuring scholarship from Latin America, Asia, Africa, and the Middle East. The Routledge Handbook of Global Citizenship Studies takes into account this globalizing moment. At the same time, it considers how the global perspective exposes the strains and discords in the concept of ‘citizenship’ as it is understood today. With over fifty contributions from international, interdisciplinary experts, the Handbook features state-of-the-art analyses of the practices and enactments of citizenship across broad continental regions (Africas, Americas, Asias and Europes) as well as deterritorialized forms of citizenship (Diasporicity and Indigeneity). Through these analyses, the Handbook provides a deeper understanding of citizenship in both empirical and theoretical terms. This volume sets a new agenda for scholarly investigations of citizenship. Its wide-ranging contributions and clear, accessible style make it essential reading for students and scholars working on citizenship issues across the humanities and social sciences.

The Wall and the Gate

Michael Sfard
The Wall and the Gate Book PDF

Author : Michael Sfard
Publisher : Metropolitan Books
Page : 320 pages
File Size : 43,6 Mb
Release : 2018-01-23
Category : Political Science
ISBN : 9781250122711

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The Wall and the Gate by Michael Sfard Pdf

From renowned human rights lawyer Michael Sfard, an unprecedented exploration of the struggle for human rights in Israel's courts A farmer from a village in the occupied West Bank, cut off from his olive groves by the construction of Israel’s controversial separation wall, asked Israeli human rights lawyer Michael Sfard to petition the courts to allow a gate to be built in the wall. While the gate would provide immediate relief for the farmer, would it not also confer legitimacy on the wall and on the court that deems it legal? The defense of human rights is often marked by such ethical dilemmas, which are especially acute in Israel, where lawyers have for decades sought redress for the abuse of Palestinian rights in the country’s High Court—that is, in the court of the abuser. In The Wall and the Gate, Michael Sfard chronicles this struggle—a story that has never before been fully told— and in the process engages the core principles of human rights legal ethics. Sfard recounts the unfolding of key cases and issues, ranging from confiscation of land, deportations, the creation of settlements, punitive home demolitions, torture, and targeted killings—all actions considered violations of international law. In the process, he lays bare the reality of the occupation and the lives of the people who must contend with that reality. He also exposes the surreal legal structures that have been erected to put a stamp of lawfulness on an extensive program of dispossession. Finally, he weighs the success of the legal effort, reaching conclusions that are no less paradoxical than the fight itself. Writing with emotional force, vivid storytelling, and penetrating analysis, Michael Sfard offers a radically new perspective on a much-covered conflict and a subtle, painful reckoning with the moral ambiguities inherent in the pursuit of justice. The Wall and the Gate is a signal contribution to everyone concerned with the Israeli-Palestinian conflict and human rights everywhere.