International Law and the Administration of Occupied Territories

Two Decades of Israeli Occupation of the West Bank and Gaza Strip

Author: Emma Playfair

Publisher: Oxford University Press

ISBN: 0198252978

Category: Social Science

Page: 534

View: 2460

Many internationally-renowned experts on international law explore the legal problems arising out of the occupation, by Israel, of the area of Palestine known as the `West Bank'.
Posted in Social Science

The International Law of Occupation

Author: Eyal Benvenisti

Publisher: Oxford University Press

ISBN: 0199588899

Category: History

Page: 383

View: 5129

Originally published: Princeton, N.J.: Princeton University Press, 1993.
Posted in History

Israel, the West Bank and International Law

Author: Allan Gerson

Publisher: Routledge

ISBN: 1136277609

Category: History

Page: 285

View: 8874

Synthesizing primary and technical data, this book focuses on the legal and political aspects of Israeli administration in the West Bank and the international attempt to resolve the dispute over the territories. The author assesses the present situation and provides guidelines for future action.
Posted in History

The Law and Practice of International Territorial Administration

Versailles to Iraq and Beyond

Author: Carsten Stahn

Publisher: Cambridge University Press

ISBN: 0521878004

Category: Law

Page: 828

View: 6911

Dr Carsten Stahn traces the historical background, practice and legal challenges of international territorial administration.
Posted in Law

Encyclopedia of the United Nations and International Agreements: A to F

Author: Edmund Jan·Osma鈔czyk,Edmund Jan Osmańczyk

Publisher: Taylor & Francis

ISBN: 9780415939218

Category: International relations

Page: 2941

View: 9625

This thoroughly revised and updated edition is the most comprehensive and detailed reference ever published on United Nations. The book demystifies the complex workings of the world's most important and influential international body.
Posted in International relations

Economic, Social, and Cultural Rights in Armed Conflict

Author: Gilles Giacca

Publisher: OUP Oxford

ISBN: 0191026913

Category: Law

Page: 414

View: 9195

This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.
Posted in Law

The Human Right to Water and its Application in the Occupied Palestinian Territories

Author: Amanda Cahill Ripley

Publisher: Routledge

ISBN: 1136804307

Category: Law

Page: 240

View: 4248

The Human Right to Water and Its Application in the Occupied Palestinian Territories provides an overview and examination of the human right to water as determined under international human rights law. This is a highly topical issue, with the UN General Assembly having passed a resolution which declares access to clean water and sanitation a human right (New York, Jul 28 2010), the recent appointment of the UN Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, and movement within the NGO community for an international water treaty. Amanda Cahill Ripley analyses the current legal status, substantive content, and obligations correlative to the right, and examines the relationship between other economic, social and cultural rights related to the right to water. The book goes on to look more specifically at the application of the human right to water in the Occupied Palestinian Territories. Using innovative methodology, Cahill Ripley combines legal analysis with a qualitative social science empirical case study to explore the enjoyment of the right ‘on the ground’. The wider implications of the case study findings are then considered, looking at what can be done to strengthen the right legally in terms of its status and codification, and what remedy can be found for violations of the right, both specifically in the Occupied Palestinian Territories and in a more general context. The book will be of interest to students, academics and practitioners within the fields of international human rights law and international humanitarian law, as well as those concerned with international relations and conflict resolution within Israel/Palestine and the wider Middle East region.
Posted in Law

The Rio Declaration on Environment and Development

A Commentary

Author: Jorge E. Viñuales

Publisher: OUP Oxford

ISBN: 0191510424

Category: Law

Page: 530

View: 9780

The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
Posted in Law

One Country

A Bold Proposal to End the Israeli-Palestinian Impasse

Author: Ali Abunimah

Publisher: Metropolitan Books

ISBN: 1429936843

Category: History

Page: 240

View: 8000

A provocative approach to the Israeli-Palestinian conflict—one state for two peoples—that is sure to touch nerves on all sides The Israeli-Palestinian war has been called the world's most intractable conflict. It is by now a commonplace that the only way to end the violence is to divide the territory in two, and all efforts at a resolution have come down to haggling over who gets what: Will Israel hand over 90 percent of the West Bank or only 60 percent? Will a Palestinian state include any part of Jerusalem? Clear-eyed, sharply reasoned, and compassionate, One Country proposes a radical alternative: to revive an old and neglected idea of one state shared by two peoples. Ali Abunimah shows how the two are by now so intertwined—geographically and economically—that separation cannot lead to the security Israelis need or the rights Palestinians must have. He reveals the bankruptcy of the two-state approach, takes on the objections and taboos that stand in the way of a binational solution, and demonstrates that sharing the territory will bring benefits for all. The absence of other workable options has only lead to ever greater extremism; it is time, Abunimah suggests, for Palestinians and Israelis to imagine a different future and a different relationship.
Posted in History

The Counterinsurgent's Constitution

Law in the Age of Small Wars

Author: Ganesh Sitaraman

Publisher: Oxford University Press

ISBN: 0199986908

Category: Law

Page: 352

View: 6886

Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.
Posted in Law

The Law of Occupation

Continuity and Change of International Humanitarian Law, and Its Interaction With International Human Rights Law

Author: Yutaka Arai

Publisher: BRILL

ISBN: 9004162461

Category: Law

Page: 758

View: 5060

This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.
Posted in Law

The Statehood of Palestine

International Law in the Middle East Conflict

Author: John Quigley

Publisher: Cambridge University Press

ISBN: 1139491245

Category: Law

Page: N.A

View: 9000

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.
Posted in Law

The Transformation of Occupied Territory in International Law

Author: Andrea Carcano

Publisher: BRILL

ISBN: 9004227881

Category: Law

Page: 570

View: 1642

Building on a broad historical foundation, this study offers a comprehensive treatment of the international law issues that have arisen in connection with, and as a result of, the ‘transformative’ occupation of Iraq and of their significance for the development of international law.
Posted in Law

Les Ressources en Eau Et Le Droit International

Author: Centre d'Etude et de Recherche de Droit Internationale et de Relations Internationales Staff

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041118646

Category: Law

Page: 133

View: 4966

The Centre for Studies and Research in International Law and International Relations forms part of the Hague Academy of International Law, and operates under the authority of its managaing board and within the framework of its teaching. The Centre was established for further in-depth research in the area of international law. The topic for 2001 was "Centre d'Etude et de Recherche de Droit International et de la Relations Internationales 2001/ Centre for Studies and research in International Law and International Relations 2001."
Posted in Law

Exit Strategies and State Building

Author: Richard Caplan

Publisher: Oxford University Press

ISBN: 0199942706

Category: Political Science

Page: 352

View: 9432

In the past two decades, states and multilateral organizations have devoted considerable resources toward efforts to stabilize peace and rebuild war-torn societies in places such as Afghanistan, Iraq, Kosovo, and Sierra Leone. Despite these prodigious efforts, there has been relatively little consideration of the critical questions arising from the "end game" of state-building operations. In Exit Strategies and State Building, sixteen leading scholars and practitioners focus on relevant historical and contemporary cases of exit to provide a comprehensive overview of this crucial issue. By examining the major challenges associated with the conclusion of international state-building operations and the requirements for the maintenance of peace in the period following exit, this book provides unique perspective on a critical aspect of military and political intervention. Deftly researched, Exit Strategies and State Building sheds new light on what is not merely an academic issue, but also a pressing global policy concern.
Posted in Political Science

Human Rights

Between Idealism and Realism

Author: Christian Tomuschat

Publisher: OUP Oxford

ISBN: 0191506699

Category: Political Science

Page: 512

View: 1999

This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavours to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.
Posted in Political Science

The Polar Regions and the Development of International Law

Author: Donald Rothwell

Publisher: Cambridge University Press

ISBN: 9780521561822

Category: Law

Page: 498

View: 9792

A review of international law in the polar regions and its importance to the environment and to international relations.
Posted in Law

The Legal Foundation and Borders of Israel Under International Law

A Treatise on Jewish Sovereignty Over the Land of Israel

Author: Howard Grief

Publisher: Mazo Publishers

ISBN: 9657344522

Category: History

Page: 731

View: 6035

"The Legal Foundation and Borders of Israel under International Law" offers a comprehensive and systematic legal treatment of Jewish national and political rights to all of the Land of Israel. The author, Howard Grief, is the originator of the thesis that de jure sovereignty over the entire Land of Israel and Palestine was vested in the Jewish People as a result of the San Remo Resolution adopted at the San Remo Peace Conference on April 24, 1920. Yuval Ne'eman, a former Israeli government minister said: "For about 400 years, the Ottoman Empire ruled over all the Balkans, the Middle East and North Africa. The struggle for the liberation of those areas began in the Balkan lands at the beginning of the 19th century and ended in 1913. In the First World War, the job [of liberation] was completed and Turkey was reduced to the Anatolian Peninsula. All of this was contained in the San Remo Agreement of April 1920. The fact that it was precisely at that place and time that Iraq, Syria, Lebanon and the states of the Arabian Peninsula obtained [thanks to the victory of the Principal Allied Powers over the Central Powers] the very same liberation from the Ottoman yoke, strengthens the approach of Grief who presents the proof for the inclusion of Palestine [i.e., the Jewish People] in the list of beneficiaries in regard to the "settlement [or disposition] of the inheritance of the Ottoman Empire." Dr. Ya'akov Meron, former Adviser on the Law of Arab Countries at the Ministry of Justice, Jerusalem, Israel and Professor of Moslem Law in the Faculties of Law of Jerusalem and Tel-Aviv wrote: "The Legal Foundation and Borders of Israel under International Law" is a forceful and erudite pleading for the respecting of the letter and spirit of the law, not only Israeli law but also the international law that came into existence in the wake of World War I. This law, now largely forgotten or neglected, is still relevant today in regard to the status and borders of the Land of Israel. The author makes a thorough analysis of the international documents which recognized the rights of the Jewish People to the land of their ancestors, most significantly the San Remo Resolution on Palestine, agreed to by the victorious Allies at the Peace Conference of April 1920.
Posted in History