By Susan M. Akram, Michael Dumper, Michael Lynk, Iain Scobbie
The Israeli-Palestinian clash has lengthy been intertwined with, and has had a profound impact on, the rules of recent foreign legislations. putting a rights-based method of the Israeli-Palestinian clash on the centre of discussions over its peaceable solution, this ebook presents targeted attention of overseas legislation and its program to political issues.
Through the lens of foreign legislations and justice, the publication debunks the parable that legislation isn't really invaluable to its solution, illustrating via either conception and perform how foreign legislations issues how one can a simply and sturdy approach to the clash within the center East. Contributions from top students of their respective fields provide an in-depth research of key concerns which were marginalized in so much mainstream discussions of the Israeli-Palestinian conflict:
- Palestinian refugees
- legal and political frameworks
- the way forward for Palestine.
Written in a mode hugely obtainable to the non-specialist, this e-book is a vital addition to the present literature at the topic. The findings of this e-book won't merely be of curiosity to scholars and students of heart japanese politics, overseas legislations, diplomacy and clash answer, yet can be a useful source for human rights researchers, NGO staff, and embassy group of workers, coverage staffers and negotiators.
Read or Download International Law and the Israeli-Palestinian Conflict: A Rights-Based Approach to Middle East Peace PDF
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The Israeli-Palestinian clash has lengthy been intertwined with, and has had a profound impact on, the rules of recent foreign legislations. putting a rights-based method of the Israeli-Palestinian clash on the centre of discussions over its peaceable answer, this booklet offers unique attention of overseas legislation and its software to political concerns.
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Additional info for International Law and the Israeli-Palestinian Conflict: A Rights-Based Approach to Middle East Peace
49 Article 1D of the Refugee Convention has very different definitional criteria, and, although it does not mention any particular group, was meant to apply exclusively to Palestinian refugees. ”50 Article 1D’s two clauses have been subjected to widely divergent interpretations by states, the UN, and experts in the field. The general result, however, is that Palestinians have been denied most of the minimum protection guarantees of the Refugee Convention. 52 Both incorporate language similar to the first sentence of Article 1D, thereby precluding an extension of UNHCR’s mandate towards Palestinians as refugees, and an application of the benefits of the Stateless Persons Convention.
Since Palestinians are unable to regularize their status, they are subjected to prolonged detention in many cases because there is no state of nationality or habitual residence to which they can be returned. Nor do states provide them residence in fulfillment of the obligations to reduce statelessness. 60 The legal “protection gap” for Palestinians is even more acute in terms of the ultimate resolution of the Palestinian refugee problem, a resolution which requires guarantees for and mechanisms to implement durable solutions.
Mallison, “An International Law Analysis of the Major United Nations Resolutions Concerning the Palestine Question,” UN Doc. F/4, p. 9 (1979). , 2005), pp. 10, 17–18. , p. 13. H. , 1976) pp. 51–7; Cattan concludes that the Balfour Declaration was never approved by the British Parliament, see p. 54. , Supplement No. 11, September 9, 1947, UN Doc. 1, pp. 18–22 (1947). Quigley, Case for Palestine, supra note 8, pp. 23–31. 37. For background on passage of UNGA Res. 181, see Mallison and Mallison, International Law Analysis, supra note 7, pp.