The Palestine Question In International Law

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The Palestine Question in International Law

Author : Victor Kattan
Publisher : British Institute for International & Comparative Law
Page : 1248 pages
File Size : 48,8 Mb
Release : 2008
Category : History
ISBN : STANFORD:36105064264778

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The Palestine Question in International Law by Victor Kattan Pdf

The question of Palestine has been a pivotal one for international law ever since the foundation of the UN in 1945. It remains so today. On July 9, 2004, the International Court of Justice (ICJ) gave its advisory opinion on the Legal Consequences of the Construction of a Wall in Occupied Palestinian Territory. It ruled on some major international law questions concerning the applicability of the Geneva Civilians Convention of 1949 to prolonged occupations, as well as human rights law more generally. It confirmed the illegality of the Israeli civilian settlements established on occupied Palestinian territory and affirmed the continuing relevancy of the right of the Palestinian people to self-determination, which it considered an obligation erga omnes. The ICJ did not, however, rule on many of the international law questions pertaining to Final Status Issues which still need to be negotiated between the Israeli and Palestinian leadership if peace is to ever be accomplished in the Holy Land. In this series of essays, some of the most important questions relating to the Israel-Palestine conflict are addressed and reproduced in one complete volume, coinciding with the 60th anniversary of the creation of Israel and the demise of the British mandate of Palestine.

The Palestine Question and International Law

Author : Faris Glubb
Publisher : Unknown
Page : 230 pages
File Size : 41,8 Mb
Release : 1970
Category : Palestine
ISBN : STANFORD:36105119343932

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The Palestine Question and International Law by Faris Glubb Pdf

Justice for Some

Author : Noura Erakat
Publisher : Stanford University Press
Page : 405 pages
File Size : 40,9 Mb
Release : 2019-04-23
Category : History
ISBN : 9781503608832

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Justice for Some by Noura Erakat Pdf

“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

The Palestine Question and International Law

Author : F. Yahia
Publisher : Unknown
Page : 222 pages
File Size : 51,7 Mb
Release : 1970
Category : Arab-Israeli conflict
ISBN : OCLC:1002061837

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The Palestine Question and International Law by F. Yahia Pdf

Palestine and International Law

Author : Henry Cattan
Publisher : [London] : Longman
Page : 264 pages
File Size : 46,8 Mb
Release : 1973
Category : Political Science
ISBN : UOM:39015010442021

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Palestine and International Law by Henry Cattan Pdf

International Law and the Israeli-Palestinian Conflict

Author : Susan M. Akram,Michael Dumper,Michael Lynk,Iain Scobbie
Publisher : Routledge
Page : 342 pages
File Size : 48,8 Mb
Release : 2010-12-23
Category : History
ISBN : 9781136850974

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International Law and the Israeli-Palestinian Conflict by Susan M. Akram,Michael Dumper,Michael Lynk,Iain Scobbie Pdf

The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues. Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict: Palestinian refugees Jerusalem security legal and political frameworks the future of Palestine. Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators.

Palestinian Refugees in International Law

Author : Francesca P. Albanese,Lex Takkenberg
Publisher : Oxford University Press
Page : 660 pages
File Size : 54,5 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.

International Law & the Palestine Question

Author : Seif A. El-Wady Ramahi
Publisher : Unknown
Page : 114 pages
File Size : 54,7 Mb
Release : 1979
Category : Jewish-Arab relations
ISBN : 4828600108

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International Law & the Palestine Question by Seif A. El-Wady Ramahi Pdf

The United Nations and the Question of Palestine

Author : Ardi Imseis
Publisher : Cambridge University Press
Page : 311 pages
File Size : 53,6 Mb
Release : 2023-11-30
Category : Law
ISBN : 9781316513897

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The United Nations and the Question of Palestine by Ardi Imseis Pdf

The UN is the guardian of international law. But what does its handling of Palestine reveal about this lofty claim?

The Case for Palestine

Author : John B. Quigley
Publisher : Duke University Press
Page : 364 pages
File Size : 49,9 Mb
Release : 2005
Category : History
ISBN : 0822335395

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The Case for Palestine by John B. Quigley Pdf

A history of the conflict between Israel and the Palestinians from the perspective of international law that examines the extent to which legitimate interests remain to be fulfilled.

The United Nations and the Question of Palestine

Author : Ardi Imseis
Publisher : Cambridge University Press
Page : 311 pages
File Size : 44,6 Mb
Release : 2023-11-30
Category : Law
ISBN : 9781009084482

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The United Nations and the Question of Palestine by Ardi Imseis Pdf

Contrary to conventional wisdom, there has been a continuing though vacillating gulf between the requirements of international law and the UN on the question of Palestine. This book explores the UN's management of the longest-running problem on its agenda, critically assessing tensions between the organization's position and international law. What forms has the UN's failure to respect international law taken, and with what implications? The author critically interrogates the received wisdom regarding the UN's fealty to the international rule of law, in favour of what is described as an international rule by law. This book demonstrates that through the actions of the UN, Palestine and its people have been committed to a state of what the author calls 'international legal subalternity', according to which the promise of justice through international law is repeatedly proffered under a cloak of political legitimacy furnished by the international community, but its realization is interminably withheld.

The International Law Foundations of Palestinian Nationality

Author : Mutaz M. Qafisheh
Publisher : BRILL
Page : 269 pages
File Size : 53,6 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.

From Coexistence to Conquest

Author : Victor Kattan
Publisher : Pluto Press (UK)
Page : 466 pages
File Size : 52,8 Mb
Release : 2009-07-15
Category : History
ISBN : STANFORD:36105124174355

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From Coexistence to Conquest by Victor Kattan Pdf

From Coexistence to Conquest seeks to explain how the Arab-Israeli conflict developed by looking beyond strict legalism to the men behind the policies adopted by the Great Powers at the dawn of the twentieth century. It controversially argues that Zionism was adopted by the British Government in its 1917 Balfour Declaration primarily as an immigration device and that it can be traced back to the 1903 Royal Commission on Alien Immigration and the Alien’s Act 1905. The book contains the most detailed legal analysis of the 1915-6 Hussein-McMahon correspondence, as well as the Balfour Declaration, and takes a closer look at the travaux préparatoires that formed the British Mandate of Palestine. It places the violent reaction of the Palestine Arabs to mass Jewish immigration in the context of Zionism, highlighting the findings of several British commissions of inquiry which recommended that Britain abandon its policy. The book also revisits the controversies over the question of self-determination, and the partition of Palestine. The Chapter on the 1948 conflict seeks to update international lawyers on the scholarship of Israel’s ‘new’ historians and reproduces some of the horrific accounts of the atrocities that took place from newspaper reports, UN documents, and personal accounts, which saw the expulsion and exodus of almost an entire people from their homeland. The penultimate chapter argues that Israel was created through an act of conquest or subjugation. The book concludes with a sobering analysis of the conflict arguing that neither Jews nor Arabs were to blame for starting it.

The Statehood of Palestine

Author : John Quigley
Publisher : Cambridge University Press
Page : 128 pages
File Size : 53,8 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.