A Study On The Statehood Of Palestine Under International Law
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A Study On The Statehood Of Palestine Under International Law
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Author : Comité consultatif juridique Afrique-Asie
language : en
Publisher:
Release Date : 2013
A Study On The Statehood Of Palestine Under International Law written by Comité consultatif juridique Afrique-Asie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with International law categories.
The Statehood Of Palestine
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Author : John Quigley
language : en
Publisher: Cambridge University Press
Release Date : 2010-09-06
The Statehood Of Palestine written by John Quigley and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-06 with Law categories.
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 Legal Consequences Of Limited Statehood
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Author : Shadi Sakran
language : en
Publisher: Routledge
Release Date : 2019-11-26
The Legal Consequences Of Limited Statehood written by Shadi Sakran and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-26 with Law categories.
This book analyzes Palestine’s acceptance as a State in multilateral frameworks and its legal consequences. Using Palestine as a case study, this book argues that participation in a State-reserved regime is not determined by the traditional requisites of statehood. UNESCO membership unveils the acceptance of Palestine as a State for the limited purpose of the organization, without any immediate or implicit implications for the statehood of Palestine. Palestine’s accessions to various multilateral treaties demonstrate this argument as do its instruments of accession being accepted by the depositaries of both the United Nations Secretary-General and national Governments without requiring any clarification of the statehood question. This book also provides the first in-depth study of the legal relationship of the rights and duties of Palestine with different groups of State Parties; the recent dispute settlement brought by Palestine against the United States and Israel; and theoretical and practical challenges for Palestine in its acceptance as a State in multilateral frameworks. The book will be of interest to scholars and students of international law, legal theory, state law, and Middle East studies.
Rethinking Statehood In Palestine
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Author : Leila H. Farsakh
language : en
Publisher: Univ of California Press
Release Date : 2021-10-26
Rethinking Statehood In Palestine written by Leila H. Farsakh and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-26 with History categories.
"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 reexamines this quest by exploring the meaning of Palestinian statehood and the challenges that face alternative models to it today. Rethinking Statehood in Palestine gives prominence to a young set of diverse Palestinian scholars, both men and women, to show how notions of citizenship, sovereignty, and nationhood are being currently rethought within the broader context of decolonization. Bringing forth critical and multifacetted engagements with what Palestinian self-determination entails within a larger regional context, this groundbreaking book sets the terms of debate for the future of Palestine beyond partition"--
Can Palestine Be Considered A State Under International Law Today
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Author : Tanya Keswani
language : en
Publisher: GRIN Verlag
Release Date : 2020-03-27
Can Palestine Be Considered A State Under International Law Today written by Tanya Keswani and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-27 with Law categories.
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.
Palestine Membership In The United Nations
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Author : Mutaz Qafisheh
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2014-10-16
Palestine Membership In The United Nations written by Mutaz Qafisheh and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-16 with Law categories.
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.
Self Determination Statehood And The Law Of Negotiation
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Author : Robert P. Barnidge, Jr.
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-01-28
Self Determination Statehood And The Law Of Negotiation written by Robert P. Barnidge, Jr. and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-28 with Law categories.
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 Statehood Of Palestine
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Author : John B. Quigley
language : en
Publisher:
Release Date : 2010
The Statehood Of Palestine written by John B. Quigley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Palestine categories.
Traces Palestine's statehood to the 1924 League of Nations mandate and provides an account of how Palestine has been recognized until the present day.
The Creation Of States In International Law
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Author : James Crawford
language : en
Publisher: Oxford University Press
Release Date : 2006
The Creation Of States In International Law written by James Crawford and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
This edition brings the treatment of statehood in the field of international law up to date. It retains a wealth of historical material and introduces new problems such as the disposition of territory in Kosovo and East Timor, claims for secession in Chechnya and Quebec and devolution in Scotland.
Palestine Palestinians And International Law
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Author : Francis Anthony Boyle
language : en
Publisher: Clarity Press, Incorporated
Release Date : 2003
Palestine Palestinians And International Law written by Francis Anthony Boyle and has been published by Clarity Press, Incorporated this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Art categories.
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.