Palestine And International Law

Author by : Henry Cattan
Languange : en
Publisher by : Longman Publishing Group
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The Case For Palestine

Author by : John B. Quigley
Languange : en
Publisher by : Duke University Press
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Total Read : 95
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Description : 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.


Palestine And International Law

Author by : Sanford R. Silverburg
Languange : en
Publisher by : McFarland
Format Available : PDF, ePub, Mobi
Total Read : 82
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Description : This collection of thirteen essays explains and analyzes the conflict between the Government of Israel and the Palestine Authority over the granting of sovereignty to Palestinians from the point of view of international law. The dispute--emotional, so far intractable, often violent--is of global, not merely Middle Eastern concern. The essays cover two general topics: the political nature of the conflict and the economic issues. The collection includes eight respected contributions previously published and five newly written essays. The contributors represent a range of political alignments and differing perspectives, providing the widest possible scope for understanding the issues and beliefs relating to the conflict. Includes bibliography and index.


Palestine Palestinians And International Law

Author by : Francis A. Boyle
Languange : en
Publisher by : SCB Distributors
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Total Read : 78
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Description : A leading US expert applies the norms and standards of international law to the Israeli/Palestinian conflict, addressing Palestinian statehood, the negotiation and failure of the Oslo Accords, the status of Jerusalem, the Al Aqsa Intifada, the right of return, human rights violations, war crimes, crimes against humanity, terrorism (both state and suicide bombings), the current divest-from-Israel campaign and the US war against Iraq. Francis Boyle is regularly interviewed by media all over the world. In recent months, he has been interviewed by the Christian Science Monitor, Time, USA Today, the Washington Post, and Al Jazeera, among others. He is a frequent commentator on NPR, his articles appear regularly in a wide range of online publications, notably the website Counterpunch, and he is often interviewed on radio and television.


The Palestine Yearbook Of International Law 1987 1988

Author by : Pineschi
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 72
Total Download : 443
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Description : "The Palestine Yearbook of International Law" is a well-established yearbook, which was previously published by the Al-Shaybani Society of International Law. Kluwer Law International will be publishing the "Yearbook" from the eighth volume onwards and will also manage the distribution of the previous seven volumes. "The Palestine Yearbook of" "International Law" has become widely respected as a prime reference source of legal material relating to Palestinian issues and is an important forum for the international legal community, particularly for legal practitioners, researchers and scholars. In addition to leading articles on topical problems and issues, it contains key legislation, court decisions and other relevant legal material translated from the original Arabic or Hebrew into English.


The Palestine Yearbook Of International Law 1989

Author by : A. F. Kassim
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 65
Total Download : 693
File Size : 50,9 Mb
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Description : "The Palestine Yearbook of International Law" is a well-established yearbook, which was previously published by the Al-Shaybani Society of International Law. Kluwer Law International will be publishing the "Yearbook" from the eighth volume onwards and will also manage the distribution of the previous seven volumes. "The Palestine Yearbook of" "International Law" has become widely respected as a prime reference source of legal material relating to Palestinian issues and is an important forum for the international legal community, particularly for legal practitioners, researchers and scholars. In addition to leading articles on topical problems and issues, it contains key legislation, court decisions and other relevant legal material translated from the original Arabic or Hebrew into English.


International Law And The Israeli Palestinian Conflict

Author by : Susan M. Akram
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 67
Total Download : 431
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Description : 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.


The Palestine Yearbook Of International Law 1996 1997

Author by : Academie de Droit International
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 16
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Description : When the international legal community seeks definitive information and educated commentary on Palestinian issues it turns to "The Palestine Yearbook of International Law." The ninth volume contains - leading articles on the judicial review in Palestine, on water management, and on the status of Jerusalem; - the texts of Palestinian, Israeli, and U.S. legislation; - the texts of several reports on rights and claims of Moslems and Jews in connection with the Wailing Wall; - a selection of recent book reviews; and - a detailed bibliography. The charged nature of this field heightens the importance of access to quality information. The Palestine Yearbook of International Law supplies topical coverage on a wide range of issues in the field, making it a key resource for international practitioners and academics.


The Status Of Palestinian Refugees In International Law

Author by : Chief of the Field Relief and Social Services Program Lex Takkenberg
Languange : en
Publisher by : Oxford University Press on Demand
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Total Read : 14
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Description : 7. Scope of the study


The Palestinian Right Of Return Under International Law

Author by : Francis Anthony Boyle
Languange : en
Publisher by : SCB Distributors
Format Available : PDF, ePub, Mobi
Total Read : 42
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Description : The just resolution of the Palestinian right of return is at the very heart of the Middle East peace process. Nonetheless, the Obama administration intends to impose a comprehensive peace settlement upon the Palestinians that will force them to give up their well-recognized right of return under United Nations General Assembly Resolution 194(III)) of 1948; accept a Bantustan of disjointed and surrounded chunks of territory on the West Bank in Gaza; and even expressly recognize Israel as "the Jewish State," as newly demanded by Benjamin Netanyahu. All this will fail for the reasons so powerfully and eloquently stated in this book. For the past three decades, Francis A. Boyle has provided the leadership of the Palestinian people with advice, counsel, and representation at all stages of the Middle East Peace Process. Here, he elaborates what the Palestinians must now do to realize their international legal right of return, in keeping with his startling perception of Israel as itself nothing more than a Jewish Bantustan bound for failure. While an enormous amount of scholarly literature has been generated affirming the Palestinian right of return under international law, none is as authentic, powerful, personal, or convincing. Boyle has gone to the heart of the solution.


The Palestine Question In International Law

Author by : Victor Kattan
Languange : ar
Publisher by : British Inst of International & Comparative
Format Available : PDF, ePub, Mobi
Total Read : 72
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Description : 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 Yearbook Of International Law 1984

Author by : Soar
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 32
Total Download : 952
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Description : "The Palestine Yearbook of International Law" is a well-established yearbook, which was previously published by the Al-Shaybani Society of International Law and Kluwer Law International. Martinus Nijhoff Publishers now publishes the "Yearbook" and will also manages the distribution of the previous volumes. "The Palestine Yearbook of International Law" has become widely respected as a prime reference source of legal material relating to Palestinian issues and is an important forum for the international legal community, particularly for legal practitioners, researchers and scholars. In addition to leading articles on topical problems and issues, it contains key legislation, court decisions and other relevant legal material translated from the original Arabic or Hebrew into English.


The Palestine Yearbook Of International Law 1995

Author by : Anis F. Kassim
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 64
Total Download : 784
File Size : 43,8 Mb
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Description : A well-established yearbook, "The Palestine Yearbook of" "International Law" is widely respected as a prime source of legal material relating to Palestinian issues. It provides an important forum on topical matters relating to Palestine for the international legal community, particularly for legal practitioners, researchers and scholars. In addition to leading articles on current matters of interest, it contains key legislation, court decisions, and other relevant legal material translated from the original Arabic or Hebrew into English. This eighth volume of "The Palestine Yearbook of International Law" contains: leading articles on Palestinian self-government, legal aspects of the Palestinian/Israeli peace process, and the problems of water management in Palestine; the texts of Palestinian, Jordanian, Israeli and U.S. legislation and of various Agreements concluded between the Palestinian National Authority and both Jordan or Israel; the texts of human rights reports; a selection of recent book reviews; and a detailed bibliography. The level of activity in this field and its importance and complexity make "The Palestine Yearbook of International Law" an important component in any international law library, allowing practitioners and academics to maintain awareness of these critical issues.


Law Politics And Violence In Israel Palestine

Author by : Maayan Geva
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 82
Total Download : 404
File Size : 54,6 Mb
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Description : This book investigates the Israeli engagement with international law in relation to the Occupied Palestinian Territories (OPT) between 1967 and 2009. Grounded in a field-based study of the military International Law Department, it examines the dynamic position and impact that international law has had in the OPT. By analysing the Israeli 2008/9 offensive in Gaza as an example of contemporary warfare, the author argues that law and military agenda have become intertwined in ‘lawfare’, a condition sanctioning new forms of law and violence. The military legal system is central to the Israeli management of the OPT, yet despite the great interest in the legal aspects of the Israeli occupation, scholarly accounts of this institution are scarce. This discussion also has wider international relevance, particularly in the backdrop of the contemporary prominence of international law in Western militaries’ operations. This book will appeal to researchers, practitioners and students interested in international relations, political theory, human rights, Middle Eastern politics, and legal studies.


Israel The West Bank And International Law

Author by : Allan Gerson
Languange : en
Publisher by : Psychology Press
Format Available : PDF, ePub, Mobi
Total Read : 18
Total Download : 970
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Description : Synthesizing primary and technical data, this book focuses on the legal and political aspects of Israeli administration in the West Bank and the international attempt to resolve the dispute over the territories. The author assesses the present situation and provides guidelines for future action.


The Palestine Yearbook Of International Law 1986

Author by : Payoyo
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 44
Total Download : 537
File Size : 47,8 Mb
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Description : "The Palestine Yearbook of International Law" is a well-established yearbook, which was previously published by the Al-Shaybani Society of International Law. Kluwer Law International will be publishing the "Yearbook" from the eighth volume onwards and will also manage the distribution of the previous seven volumes. "The Palestine Yearbook of" "International Law" has become widely respected as a prime reference source of legal material relating to Palestinian issues and is an important forum for the international legal community, particularly for legal practitioners, researchers and scholars. In addition to leading articles on topical problems and issues, it contains key legislation, court decisions and other relevant legal material translated from the original Arabic or Hebrew into English.


Palestine Palestinians And International Law

Author by : Francis Anthony Boyle
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 86
Total Download : 549
File Size : 42,5 Mb
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Description : Palestine, Palestinians and International Law provides a comprehensive survey of the international legal principles related to the Palestinian struggle for self-determination - from the League of Nations Mandate for Palestine awarded to Britain after WWI, through the partition of the Palestine Mandate by the United Nations after WWII, the Palestinian Declaration of an Independent State in 1988, the diplomatic recognition of the Palestinian state by nearly 130 other states, to the United Nations granting the State of Palestine all rights of a UN member state but the right to vote.


Palestine And International Law New Approaches

Author by : Birzeit University. Institute of Law
Languange : en
Publisher by : 978-9950-318-24-3
Format Available : PDF, ePub, Mobi
Total Read : 33
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Description : The calendar of Middle East events has been packed over the last few months. Wheels are in motion. But pointing in which direction? Is international law an effective instrument for peace? One could be pessimistic. While we have seen a strengthening of the instruments of international law in the last decade, the system itself has come under pressure. We see again and again that core obligations are circumvented, unilaterally redefined or simply ignored. If human rights and humanitarian law were ever seen as a standard menu, they now have become dishes at a buffet, where people can pick and choose as they like. Palestine is the best-or worst- illustration of this trend. This regime is moderated, legitimized and reproduced by the logic of humanitarian concern. Humanitarian considerations have come to play an integral part of the machinery of the occupying power itself. Birzeit University's Institute of Law organized a conference with international renowned scholars to address these issues and develop a better understanding of legal policy in the Occupied Territory. The editors do not contend that the essays assembled here have reached final answers to all of the questions raised. In the Israeli-Palestinian context, practice and the elaboration of arguments has produced ever-more complicated and diffuse arguments, but seem ever-less able to determine outcomes. We believe, though, that it is possible, through the critique of meta-narratives, to create uncertainty in previously unquestioned policies. We hope that this publication will make a sensible and constructive contribution to reaching that goal. Table of Contents Prolegomenon: International Law and the Origins of the Israel-Palestine Conflict: New Approaches, New Findings: Victor Kattan 1.Civilians in Asymmetrical Warfare, The Israeli-Palestinian Pattern Disproportionality and Deterrence: The "Dahiya Doctrine" under International Law, Omar M. Dajani & Nicholas Gibson Duty to Spare Civilians vs. Duty to Protect Soldiers' Lives: an Examination of the Kasher and Yadlin Doctrine, Jean-Philippe Kot Qualifier en droit, disqualifier en fait ? Analyse critique du discours de l'Union europeenne sur l'usage de la violence dans le conflit israelo-palestinien, Barbara Delcourt 2.Transformative Occupation and Annexation, a Theoretical and Practical Perspective The Challenges Faced by Legal Practitioners Before Israeli Courts, Facts and Figures, Antonia Mulvey The Case of Sheikh Jarrah- East- Jerusalem, Hadeel Abu-Hussein 3.Du droit humanitaire au droit de l'homme des colons, Moussa Abou Ramadan 4.Secondary Norms and the Law of State Responsibility in the Israeli-Palestinian Conflict L'applicabilite du droit de legitime defense dans les rapports entre Israel et le Territoire palestinien occupe, Francois Dubuisson Les faiblesses du droit de la responsabilite au coeur des defaillances du droit international en Palestine, Monique Chenillier-Gendreau Recalibrating Secondary Rules of State Responsibility Through Primary Rules of Conduct: A Battle of Symbols?, Jean D'Aspremont 5.The Law of Individual Responsibility and the Israeli-Palestinian Conflict Palestine and the International Criminal Court, Michael Kearney The Responsibility of Senior Leaders and Military Commanders and the Recourse to the Principle of Universal Jurisdiction, Chantal Meloni The Duty of Non-Recognition of Unlawful Situations in the Palestinian Context: What Effects for Private Businesses? Herve Ascensio"


Palestine Membership In The United Nations

Author by : Mutaz Qafisheh
Languange : en
Publisher by : Cambridge Scholars Publishing
Format Available : PDF, ePub, Mobi
Total Read : 9
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Description : 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.


The International Law Foundations Of Palestinian Nationality

Author by : Mutaz Qafisheh
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 10
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Description : 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.


Palestine Yearbook International Law

Author by : Anis F. Kassim
Languange : en
Publisher by : Brill Academic Publishers
Format Available : PDF, ePub, Mobi
Total Read : 96
Total Download : 759
File Size : 49,9 Mb
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Description : The Palestine Yearbook of International Law is a well-established yearbook, which was previously published by the Al-Shaybani Society of International Law. Kluwer Law International will be publishing the Yearbook from the eighth volume onwards & will also manage the distribution of the previous seven volumes. The Palestine Yearbook of International Law has become widely respected as a prime reference source of legal material relating to Palestinian issues & is an important forum for the international legal community, particularly for legal practitioners, researchers & scholars. In addition to leading articles on topical problems & issues, it contains key legislation, court decisions & other relevant legal material translated from the original Arabic or Hebrew into English.


Is There A Court For Gaza

Author by : Chantal Meloni
Languange : en
Publisher by : Springer Science & Business Media
Format Available : PDF, ePub, Mobi
Total Read : 95
Total Download : 185
File Size : 52,7 Mb
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Description : The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.


Palestinian Refugees In International Law

Author by : Francesca Albanese
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 55
Total Download : 967
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Description : 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.


Can Palestine Be Considered A State Under International Law Today

Author by : Tanya Keswani
Languange : en
Publisher by : GRIN Verlag
Format Available : PDF, ePub, Mobi
Total Read : 53
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Description : Essay from the year 2019 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: Distinction, School of Oriental and African Studies, University of London, language: English, abstract: This paper critically assesses whether Palestine is a state under International Law today. It observes the extent to which Palestine meets the traditional criteria of statehood set out in the 1933 Montevideo Convention on Rights and Duties of States. In order to determine whether Palestine is a state we must first identify what makes a ‘state’ under international law (IL). The Montevideo Convention on Right and Duties of States (MC) 1933 sets out the traditional criteria for statehood. Apart from the four conditions set out in Article 1, Article 3 and 6 on recognition are equally significant. Palestine statehood is in question because MC has “no mention of putatively relevant matters such as independence, legitimacy, democracy or self-determination”. These post-1933 concepts apply to state practice over time, and need to be taken into consideration when assessing Palestine’s statehood today. The first two conditions of MC have mostly remained the same. The latter two, when applied to state practice, alter the criteria for a ‘state’ under IL. This paper will observe to what extent Palestine meets the MC criteria, and how it has altered post-1933. The last condition with reference to Article 3 brings into question the current role recognition plays towards the legality of a state.


International Law And The Administration Of Occupied Territories

Author by : Emma Playfair
Languange : en
Publisher by : Oxford University Press on Demand
Format Available : PDF, ePub, Mobi
Total Read : 89
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Description : This collection of essays results from a conference held in 1988, organized to draw attention to legal problems arising out of the occupation, by Israel, of the area of Palestine known as the `West Bank'. Contributors include many internationally-renowned experts on international law andhuman rights law as well as a number of `local' Palestinian lawyers actively engaged in promoting interests of indigenous Palestinians. International concern over the future of the `West Bank' is as strong now as in 1988, and this book makes an important contribution to the legal literature on thesituation in the Occupied Territories.


The Oslo Accords

Author by : Geoffrey R. Watson
Languange : en
Publisher by : Oxford University Press on Demand
Format Available : PDF, ePub, Mobi
Total Read : 29
Total Download : 168
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Description : This analysis of the Oslo Accords examines them from the standpoint of international law, argueing that they are legally binding agreements not political undertakings, and suggesting how this might help shape resolution of final status issues.