[PDF] The International Law Foundations Of Palestinian Nationality eBook

Author : Mutaz M. Qafisheh
Publisher : BRILL
Page : 269 pages
File Size : 48,99 MB
Release : 2008
Category : Law
ISBN : 9004169849

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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.

Author : Mu'taz Qafisheh
Publisher :
Page : 335 pages
File Size : 16,80 MB
Release : 2007
Category :
ISBN :

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This thesis provides a legal basis for future settlement of the status of Palestinians of all categories that emerged in some sixty years that followed the end of the British mandate: Israel 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.

Author :
Publisher :
Page : pages
File Size : 46,23 MB
Release :
Category :
ISBN :

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By the end of the 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 that date. Hence, any legal consideration relating to the future status of the individuals who once held Palestinian nationality should commence from the point upon which the British rule over Palestine had been terminated. This thesis provides a legal basis for future settlement of the status of Palestinians of all categories that emerged in some sixty years that followed the end of the British mandate: Israel 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.

Author : Mutaz Qafisheh
Publisher : Cambridge Scholars Publishing
Page : 460 pages
File Size : 33,44 MB
Release : 2014-10-16
Category : Law
ISBN : 1443869740

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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.

Author : Francis Anthony Boyle
Publisher : SCB Distributors
Page : 164 pages
File Size : 31,95 MB
Release : 2011
Category : History
ISBN : 0932863930

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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.

Author : John Quigley
Publisher : Cambridge University Press
Page : pages
File Size : 44,65 MB
Release : 2010-09-06
Category : Law
ISBN : 1139491245

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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.

Author : Victor Kattan
Publisher : British Institute for International & Comparative Law
Page : 1248 pages
File Size : 34,22 MB
Release : 2008
Category : History
ISBN :

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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.

Author : Francis Anthony Boyle
Publisher : Clarity Press, Incorporated
Page : 210 pages
File Size : 45,86 MB
Release : 2003
Category : Art
ISBN :

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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.

Author : Francesca Albanese
Publisher : Oxford University Press, USA
Page : 609 pages
File Size : 36,93 MB
Release : 2020
Category : Law
ISBN : 019878404X

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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.