The Struggle For Land Under Israeli Law
Download The Struggle For Land Under Israeli Law full books in PDF, epub, and Kindle. Read online free The Struggle For Land Under Israeli Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| Author | : Hadeel S. Abu Hussein |
| Publisher | : Routledge |
| Total Pages | : 181 |
| Release | : 2021-11-29 |
| Genre | : Law |
| ISBN | : 1000486052 |
This book provides a comprehensive examination of land law for Arab Palestinians under Israeli law. Land is one of the core resources of human existence, development and activity. Therefore, it is also a key basis of political power and of social and economic status. Land regimes and planning regulations play a dynamic role in deciding how competing claims over resources will be resolved. According to legal geography, spatial ordering impacts legal regimes; whilst legal rules form social and human space. Through the lenses of international law, colonisation and legal geography, the book examines the land regime in Israel. More specifically, it endeavours to understand the spatial strategies adopted by Israel to organise the entire territorial expanse of the country as Jewish, while also excluding Arab Palestinian citizens of Israel and residents of East Jerusalem from the landscape. The book then details how the systematic nature and processes of marginalisation are mapped out across the civil, political and socio-economic landscape. This monograph will be of interest to international legal theorists, legal geographers, land lawyers and human rights practitioners and students; as well as to international scholars, NGOs and others focusing on the Israeli–Palestinian conflict.
| Author | : Yifat Holzman-Gazit |
| Publisher | : Routledge |
| Total Pages | : 213 |
| Release | : 2016-04-22 |
| Genre | : Law |
| ISBN | : 131710837X |
Historically, Israel's Supreme Court has failed to limit the state's powers of expropriation and to protect private property. This book argues that the Court's land expropriation jurisprudence can only be understood against the political, cultural and institutional context in which it was shaped. Security and economic pressures, the precarious status of the Court in the early years, the pervading ethos of collectivism, the cultural symbolism of public land ownership and the perceived strategic and demographic risks posed by the Israeli Arab population - all contributed to the creation of a harsh and arguably undemocratic land expropriation legal philosophy. This philosophy, the book argues, was applied by the Supreme Court to Arabs and Jews alike from the creation of the state in 1948 and until the 1980s. The book concludes with an analysis of the constitutional change of 1992 and its impact on the legal treatment of property rights under Israeli law.
| Author | : Shlomo Sand |
| Publisher | : Verso Books |
| Total Pages | : 305 |
| Release | : 2012-11-20 |
| Genre | : History |
| ISBN | : 1844679462 |
What is a homeland and when does it become a national territory? Why have so many people been willing to die for such places throughout the twentieth century? What is the essence of the Promised Land? Following the acclaimed and controversial The Invention of the Jewish People, Shlomo Sand examines the mysterious sacred land that has become the site of the longest-running national struggle of the twentieth and twenty-first centuries. The Invention of the Land of Israel deconstructs the age-old legends surrounding the Holy Land and the prejudices that continue to suffocate it. Sand’s account dissects the concept of “historical right” and tracks the creation of the modern concept of the “Land of Israel” by nineteenth-century Evangelical Protestants and Jewish Zionists. This invention, he argues, not only facilitated the colonization of the Middle East and the establishment of the State of Israel; it is also threatening the existence of the Jewish state today.
| Author | : Yifat Holzman-Gazit |
| Publisher | : Routledge |
| Total Pages | : 235 |
| Release | : 2016-04-22 |
| Genre | : Law |
| ISBN | : 1317108361 |
Historically, Israel's Supreme Court has failed to limit the state's powers of expropriation and to protect private property. This book argues that the Court's land expropriation jurisprudence can only be understood against the political, cultural and institutional context in which it was shaped. Security and economic pressures, the precarious status of the Court in the early years, the pervading ethos of collectivism, the cultural symbolism of public land ownership and the perceived strategic and demographic risks posed by the Israeli Arab population - all contributed to the creation of a harsh and arguably undemocratic land expropriation legal philosophy. This philosophy, the book argues, was applied by the Supreme Court to Arabs and Jews alike from the creation of the state in 1948 and until the 1980s. The book concludes with an analysis of the constitutional change of 1992 and its impact on the legal treatment of property rights under Israeli law.
| Author | : Noa Kram |
| Publisher | : |
| Total Pages | : 254 |
| Release | : 2013 |
| Genre | : |
| ISBN | : |
| Author | : Morad Elsana |
| Publisher | : Routledge |
| Total Pages | : 152 |
| Release | : 2020-11-29 |
| Genre | : Law |
| ISBN | : 0429593929 |
Introducing the Negev–Bedouin land issue from the international indigenous land rights perspective, this comparative study suggests options for the recognition of their land. The book demonstrates that the Bedouin land dispossession, like many indigenous peoples’, progressed through several phases that included eviction and displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouin’s traditional land rights. Examining the Mawat legal doctrine on which the State and the Court rely on to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and shows how the limitations of this law prevent any meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines’ land in Australia is introduced as an example of indigenous peoples' successful struggle for their traditional land rights. The final chapter analyzes the basic elements of judicial recognition of the land and shows that the basic elements needed for Bedouin land recognition exist in the Israeli legal system. Proposing practical recommendations for the recognition of Bedouin land, this volume is a key resource to scholars and students interested in land rights, international law, comparative studies, and the Middle East.
| Author | : Omer Bartov |
| Publisher | : Berghahn Books |
| Total Pages | : 454 |
| Release | : 2021-09-17 |
| Genre | : History |
| ISBN | : 1800731302 |
The conflict between Israel and Palestine has raised a plethora of unanswered questions, generated seemingly irreconcilable narratives, and profoundly transformed the land’s physical and political geography. This volume seeks to provide a deeper understanding of the links between the region that is now known as Israel and Palestine and its peoples—both those that live there as well as those who relate to it as a mental, mythical, or religious landscape. Engaging the perspectives of a multidisciplinary, international group of scholars, it is an urgent collective reflection on the bonds between people and a place, whether real or imagined, tangible as its stones or ephemeral as the hopes and longings it evokes.
| Author | : Ari Shavit |
| Publisher | : Random House |
| Total Pages | : 482 |
| Release | : 2013-11-19 |
| Genre | : History |
| ISBN | : 0812984641 |
NEW YORK TIMES BESTSELLER • A NEW YORK TIMES BOOK REVIEW AND ECONOMIST BEST BOOK OF THE YEAR “A deeply reported, deeply personal history of Zionism and Israel that does something few books even attempt: It balances the strength and weakness, the idealism and the brutality, the hope and the horror, that has always been at Zionism’s heart.”—Ezra Klein, The New York Times Winner of the Natan Book Award, the National Jewish Book Award, and the Anisfield-Wolf Book Award Ari Shavit’s riveting work, now updated with new material, draws on historical documents, interviews, and private diaries and letters, as well as his own family’s story, to create a narrative larger than the sum of its parts: both personal and of profound historical dimension. As he examines the complexities and contradictions of the Israeli condition, Shavit asks difficult but important questions: Why did Israel come to be? How did it come to be? Can it survive? Culminating with an analysis of the issues and threats that Israel is facing, My Promised Land uses the defining events of the past to shed new light on the present. Shavit’s analysis of Israeli history provides a landmark portrait of a small, vibrant country living on the edge, whose identity and presence play a crucial role in today’s global political landscape.
| Author | : Noura Erakat |
| Publisher | : Stanford University Press |
| Total Pages | : 405 |
| Release | : 2019-04-23 |
| Genre | : History |
| ISBN | : 1503608832 |
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
| Author | : Ḥusayn Abū Ḥusayn |
| Publisher | : Zed Books |
| Total Pages | : 344 |
| Release | : 2003-09 |
| Genre | : Law |
| ISBN | : |
The struggle for land has been a key element of the conflict between Jews and Arabs in Palestine for the past hundred years. While international attention focuses on Israeli settlements in the West Bank and Gaza Strip, legally outside Israel's boundaries, there is another dimension to the land question altogether. Nearly one fifth of Israel's population is Palestinian. This work examines how Israeli land policy today inhibits access to land for its own Arab citizens even within the 1948 boundaries of the state of Israel. The authors - one a Palestinian lawyer and Israeli citizen, the other a British international human rights lawyer who worked in Israel for many years - examine the system of land ownership, the acquisition and administration of public land, and the control of land use through planning and housing regulations. The book shows how the law is used to discriminate against non-Jewish citizens and restrict Israeli Palestinians' access to land. It demonstrates that Israeli land policies breach international human rights standards and that these standards could be used as a basis to challenge discriminatory policies.
