Self Determination Statehood and the Law of Negotiation

Author: Robert P. Barnidge, Jr.
Publisher: Bloomsbury Publishing
ISBN: 1509902414
Format: PDF, Mobi
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From the Madrid Invitation in 1991 to the introduction of the Oslo process in 1993 to the present, a negotiated settlement has remained the dominant leitmotiv of peacemaking between Israel and the Palestinian people. That the parties have chosen negotiations means that either side's failure to comply with its obligation to negotiate can result in an internationally wrongful act and, in response, countermeasures and other responses. This monograph seeks to advance our understanding of the international law of negotiation and use this as a framework for assessing the Israeli–Palestinian dispute, with the Palestinian people's unsuccessful attempt to join the United Nations as a Member State in autumn 2011 and the successful attempt to join the same institution as a non-Member Observer State in November 2012 providing a case study for this. The legal consequences of these applications are not merely of historical interest; they inform the present rights and obligations of Israel and the Palestinian people. This work fills a significant gap in the existing international law scholarship on the Israeli–Palestinian dispute, which neither engages with this means of dispute settlement generally nor does so specifically within the context of the Palestinian people's engagements with international institutions. 'Based on primary research, this book explores materials that were not analyzed before. It treats a highly political issue with scientific objectivity that strikes a balance between various points of view. The book will be an essential reading to all those involved in peace studies, international negotiations and Israeli-Palestinian conflict'. Mutaz M Qafisheh, Associate Professor of International Law, Hebron University. 'A compelling and innovative account of the legal aspects of the Palestinian-Israeli conflict: a must read.' Efraim Karsh, King's College London and Bar-Ilan University, author of Palestine Betrayed. 'A superbly imagined and executed study on Palestine that puts the 'negotiation imperative' at the heart of its narrative, fully interrogating the involvement of public international law at each step of the long and layered history that is vigorously brought to life in these pages. A study that also promises texture, nuance, and depth to the legal analysis it offers-and it delivers handsomely on each of these fronts.' -Dino Kritsiotis, Chair of Public International Law & Head of the International Humanitarian Law Unit, University of Nottingham.

The Case for Palestine

Author: John B. Quigley
Publisher: Duke University Press
ISBN: 9780822335399
Format: PDF, ePub, Docs
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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.

Is There a Court for Gaza

Author: Chantal Meloni
Publisher: Springer Science & Business Media
ISBN: 9067048194
Format: PDF, ePub
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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.

Statehood and Self Determination

Author: Duncan French
Publisher: Cambridge University Press
ISBN: 1107029333
Format: PDF, Mobi
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Provides detailed analysis of fundamental issues of statehood and recognition, self-determination, and the rights of indigenous peoples.

Democratic Statehood in International Law

Author: Jure Vidmar
Publisher: Bloomsbury Publishing
ISBN: 1782250913
Format: PDF, Docs
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This book analyses the emerging practice in the post-Cold War era of the creation of a democratic political system along with the creation of new states. The existing literature either tends to conflate self-determination and democracy or dismisses the legal relevance of the emerging practice on the basis that democracy is not a statehood criterion. Such arguments are simplistic. The statehood criteria in contemporary international law are largely irrelevant and do not automatically or self-evidently determine whether or not an entity has emerged as a new state. The question to be asked, therefore, is not whether democracy has become a statehood criterion. The emergence of new states is rather a law-governed political process in which certain requirements regarding the type of a government may be imposed internationally. And in this process the introduction of a democratic political system is equally as relevant or irrelevant as the statehood criteria. The book demonstrates that via the right of self-determination the law of statehood requires state creation to be a democratic process, but that this requirement should not be interpreted too broadly. The democratic process in this context governs independence referenda and does not interfere with the choice of a political system. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.

Still Waiting for Tomorrow

Author: Susan Akram
Publisher: Cambridge Scholars Publishing
ISBN: 1443862959
Format: PDF, Mobi
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This book focuses on the common features of protracted refugee situations. It is a critical examination of the reasons underlying the extended nature of those crises, as well as potential solutions to them. The book addresses war and armed conflict, environmental change and natural disasters, statelessness and protection gaps, among other elements, as common origins of refugee crises. It analyzes the root causes of some of the longest-standing unresolved refugee situations in the world today (including, but not limited to, the cases of Palestinians, Sahrawis, and Tibetans), addressing the particular political and legal tensions undermining solutions to them. The book comprises contributions from some of the leading scholars and practitioners in the field of international refugee, human rights and humanitarian law, and international relations.

The Palestine Yearbook of International Law 1995

Author: Anis F. Kassim
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041103147
Format: PDF
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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.

Palestine Betrayed

Author: Efraim Karsh
Publisher:
ISBN: 9780300172348
Format: PDF, Kindle
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"The 1947 UN resolution to partition Palestine irrevocably changed the political landscape of the Middle East, giving rise to six fully-fledged wars between Arabs and Jews, as well as a profound shattering of Palestinian Arab society. In this groundbreaking book, Efraim Karsh explores the breakdown in relations between the two communities from both the Arab and Jewish perspectives. It is an arresting story of delicate political and diplomatic maneuvering by leading figures over the years leading up to partition, through the slide to war and its enduring consequences." -- Back cover.

The Iron Cage

Author: Rashid Khalidi
Publisher: Beacon Press
ISBN: 0807003158
Format: PDF, ePub, Docs
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At a time when a lasting peace between the Palestinians and the Israelis seems virtually unattainable, understanding the roots of their conflict is an essential step in restoring hope to the region. In The Iron Cage, Rashid Khalidi, one of the most respected historians and political observers of the Middle East, homes in on Palestinian politics and history. By drawing on a wealth of experience and scholarship, Khalidi provides a lucid context for the realities on the ground today, a context that has been, until now, notably lacking in our discourse. The story of the Palestinian search to establish a state begins in the mandate period immediately following the breakup of the Ottoman Empire, the era of British control, when fledgling Arab states were established by the colonial powers with assurances of eventual independence. Mandatory Palestine was a place of real promise, with unusually high literacy rates and a relatively advanced economy. But the British had already begun to construct an iron cage to hem in the Palestinians, and the Palestinian leadership made a series of errors that would eventually prove crippling to their dream of independence. The Palestinians' struggle intensified in the stretch before and after World War II, when colonial control of the region became increasingly unpopular, population shifts began with heavy Jewish immigration from Eastern Europe, and power began to devolve to the United States. In this crucial period, Palestinian leaders continued to run up against the walls of the ever-constricting iron cage. They proved unable to achieve their long-cherished goal of establishing an independent state—a critical failure that set a course for the decades that followed, right through the eras of the Palestinian Liberation Organization, the Palestinian Authority, and Hamas. Rashid Khalidi's engrossing narrative of this torturous history offers much-needed perspective for anyone concerned about peace in the Middle East.

Palestine Palestinians and International Law

Author: Francis Anthony Boyle
Publisher: SCB Distributors
ISBN: 9780932863928
Format: PDF, ePub
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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.