Dynamics of Self-Determination in Palestine

Dynamics of Self-Determination in Palestine
Author: Waart
Publisher: BRILL
Total Pages: 288
Release: 2021-10-11
Genre: Social Science
ISBN: 9004491236

The Arab-Israeli conflict has become an example of total disregard for international law by all parties involved, including the United Nations, to the detriment of a regional and global lasting peace. The conflict has contributed considerably to the erosion of the moral and legal authority of the United Nations, while the international community has failed to take prompt advantage of the East-West detente. Peoples with statehood — the Iraqis, Somalis, Yugoslavs — and even more those without — the Palestinians — paid a high price for the international lack of decisiveness. Dynamics of Self-Determination in Palestine discusses the Palestinian conflict in the light of the protection of peoples under international law. Chapter One treats the fact that the Arab states and the Palestinians have overlooked the element of negotiation in the keeping of international order, Chapter Two discusses the International Bill of Rights, in which the UN included self-determination in order to protect peoples against oppression, while Chapter Three expounds on the fact that, in doing so, it shaped the framework for the settlement of conflicting territorial claims to Palestine. The final chapter sets forth the desired UN participation in the creation of Palestine.

Thinking Palestine

Thinking Palestine
Author: Ronit Lentin
Publisher: Zed Books Ltd.
Total Pages: 203
Release: 2013-07-18
Genre: Political Science
ISBN: 1848137893

This book brings together an inter-disciplinary group of Palestinian, Israeli, American, British and Irish scholars who theorise 'the question of Palestine'. Critically committed to supporting the Palestinian quest for self determination, they present new theoretical ways of thinking about Palestine. These include the 'Palestinization' of ethnic and racial conflicts, the theorization of Palestine as camp, ghetto and prison, the tourist/activist gaze, the role of gendered resistance, the centrality of the memory of the 1948 Nakba (catastrophe) to the contemporary understanding of the conflict, and the historic roots of the contemporary discourse on Palestine. The book offers a novel examination of how the Palestinian experience of being governed under what Giorgio Agamben names a 'state of exception' may be theorised as paradigmatic for new forms of global governance. An indispensable read for any serious scholar.

Sovereignty, Statehood and State Responsibility

Sovereignty, Statehood and State Responsibility
Author: Christine Chinkin
Publisher: Cambridge University Press
Total Pages: 529
Release: 2015-02-12
Genre: Law
ISBN: 1316218090

This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood.

Global Challenges

Global Challenges
Author: Iris Marion Young
Publisher: Polity
Total Pages: 224
Release: 2006-02-10
Genre: Political Science
ISBN: 074563835X

In the late twentieth century many writers and activists envisioned new possibilities of transnational cooperation toward peace and global justice. In this book Iris Marion Young aims to revive such hopes by responding clearly to what are seen as the global challenges of the modern day. Inspired by claims of indigenous peoples, the book develops a concept of self-determination compatible with stronger institutions of global regulation. It theorizes new directions for thinking about federated relationships between peoples which assume that they need not be large or symmetrical. Young argues that the use of armed force to respond to oppression should be rare, genuinely multilateral, and follow a model of law enforcement more than war. She finds that neither cosmopolitan nor nationalist responses to questions of global justice are adequate and so offers a distinctive conception of responsibility, founded on participation in social structures, to describe the obligations that both individuals and organizations have in a world of global interdependence. Young applies clear analysis and cogent moral arguments to concrete cases, including the wars against Serbia and Iraq, the meaning of the US Patriot Act, the conflict in Palestine/Israel, and working conditions in sweat shops.

The Creation of States in International Law

The Creation of States in International Law
Author: James Crawford
Publisher: Oxford University Press
Total Pages: 943
Release: 2006
Genre: Law
ISBN: 0198260024

Statehood in the early 21st century remains as much a central problem now as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.

Justice for Some

Justice for Some
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

Post-millennial Palestine

Post-millennial Palestine
Author: Rachel Gregory Fox
Publisher: Oxford University Press
Total Pages: 248
Release: 2021
Genre: History
ISBN: 1800348274

Post-Millennial Palestine: Literature, Memory, Resistance confronts how Palestinians have recently felt obliged to re-think memory and resistance in response to dynamic political and regional changes in the twenty-first century; prolonged spatial and temporal dispossession; and the continued deterioration of the peace process. Insofar as the articulation of memory in (post)colonial contexts can be viewed as an integral component of a continuing anti-colonial struggle for self-determination, in tracing the dynamics of conveying the memory of ongoing, chronic trauma, this collection negotiates the urgency for Palestinians to reclaim and retain their heritage in a continually unstable and fretful present. The collection offers a distinctive contribution to the field of existing scholarship on Palestine, charting new ways of thinking about the critical paradigms of memory and resistance as they are produced and represented in literary works published within the post-millennial period. Reflecting on the potential for the Palestinian narrative to recreate reality in ways that both document it and resist its brutality, the critical essays in this collection show how Palestinian writers in the twenty-first century critically and creatively consider the possible future(s) of their nation.

Preventing Palestine

Preventing Palestine
Author: Seth Anziska
Publisher: Princeton University Press
Total Pages: 457
Release: 2020-03-24
Genre: History
ISBN: 0691202451

For seventy years Israel has existed as a state, and for forty years it has honored a peace treaty with Egypt that is widely viewed as a triumph of U.S. diplomacy in the Middle East. Yet the Palestinians - the would-be beneficiaries of a vision for a comprehensive regional settlement that led to the Camp David Accords in 1978 - remain stateless to this day. How and why Palestinian statelessness persists are the central questions of Seth Anziska's groundbreaking book, which explores the complex legacy of the agreement brokered by President Jimmy Carter. Based on newly declassified international sources, Preventing Palestine charts the emergence of the Middle East peace process, including the establishment of a separate track to deal with the issue of Palestine. At the very start of this process, Anziska argues, Egyptian-Israeli peace came at the expense of the sovereignty of the Palestinians, whose aspirations for a homeland alongside Israel faced crippling challenges. With the introduction of the idea of restrictive autonomy, Israeli settlement expansion, and Israel's 1982 invasion of Lebanon, the chances for Palestinian statehood narrowed even further. The first Intifada in 1987 and the end of the Cold War brought new opportunities for a Palestinian state, but many players, refusing to see Palestinians as a nation or a people, continued to steer international diplomacy away from their cause.