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By departing from accounts of a universalist component in Israel's early foreign policy, Rotem Giladi challenges prevalent assumptions on the cosmopolitan outlook of Jewish international law scholars and practitioners, offers new vantage points on modern Jewish history, and critiques orthodox interpretations of the Jewish aspect of Israel's foreign policy. Drawing on archival sources, the book reveals the patent ambivalence of two jurist-diplomats-Jacob Robinson and Shabtai Rosenne-towards three international law reform projects: the right of petition in the draft Human Rights Covenant, the 1948 Genocide Convention, and the 1951 Refugee Convention. In all cases, Rosenne and Robinson approached international law with disinterest, aversion, and hostility while, nonetheless, investing much time and toil in these post-war reforms. The book demonstrates that, rather than the Middle East conflict, Rosenne and Robinson's ambivalence towards international law was driven by ideological sensibilities predating Israel's establishment. In so doing, Jews, Sovereignty, and International Law disaggregates and reframes the perspectives offered by the growing scholarship on Jewish international lawyers, providing new insights concerning the origins of human rights, the remaking of postwar international law, and the early years of the UN.
"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.
From Coexistence to Conquest seeks to explain how the Arab-Israeli conflict developed by looking beyond strict legalism to the men behind the policies adopted by the Great Powers at the dawn of the twentieth century. It controversially argues that Zionism was adopted by the British Government in its 1917 Balfour Declaration primarily as an immigration device and that it can be traced back to the 1903 Royal Commission on Alien Immigration and the Alien’s Act 1905. The book contains the most detailed legal analysis of the 1915-6 Hussein-McMahon correspondence, as well as the Balfour Declaration, and takes a closer look at the travaux préparatoires that formed the British Mandate of Palestine. It places the violent reaction of the Palestine Arabs to mass Jewish immigration in the context of Zionism, highlighting the findings of several British commissions of inquiry which recommended that Britain abandon its policy. The book also revisits the controversies over the question of self-determination, and the partition of Palestine. The Chapter on the 1948 conflict seeks to update international lawyers on the scholarship of Israel’s ‘new’ historians and reproduces some of the horrific accounts of the atrocities that took place from newspaper reports, UN documents, and personal accounts, which saw the expulsion and exodus of almost an entire people from their homeland. The penultimate chapter argues that Israel was created through an act of conquest or subjugation. The book concludes with a sobering analysis of the conflict arguing that neither Jews nor Arabs were to blame for starting it.
The question of Jewish sovereignty shapes Jewish identity in Israel, the status of non-Jews, and relations between Israeli and Diaspora Jews, yet its consequences remain enigmatic. In Sovereign Jews, Yaacov Yadgar highlights the shortcomings of mainstream discourse and offers a novel explanation of Zionist ideology and the Israeli polity. Yadgar argues that secularism's presumed binary pitting religion against politics is illusory. He shows that the key to understanding this alleged dichotomy is Israel's interest in maintaining its sovereignty as the nation-state of Jews. This creates a need to mark a majority of the population as Jews and to distinguish them from non-Jews. Coupled with the failure to formulate a viable alternative national identity (either "Hebrew" or "Israeli"), it leads the ostensibly secular state to apply a narrow interpretation of Jewish religion as a political tool for maintaining a Jewish majority.
A stunningly original look at the forgotten Jewish political roots of contemporary international human rights, told through the moving stories of five key activists The year 2018 marks the seventieth anniversary of two momentous events in twentieth-century history: the birth of the State of Israel and the creation of the Universal Declaration of Human Rights. Both remain tied together in the ongoing debates about the Israeli-Palestinian conflict, global antisemitism, and American foreign policy. Yet the surprising connections between Zionism and the origins of international human rights are completely unknown today. In this riveting account, James Loeffler explores this controversial history through the stories of five remarkable Jewish founders of international human rights, following them from the prewar shtetls of eastern Europe to the postwar United Nations, a journey that includes the Nuremberg and Eichmann trials, the founding of Amnesty International, and the UN resolution of 1975 labeling Zionism as racism. The result is a book that challenges long-held assumptions about the history of human rights and offers a startlingly new perspective on the roots of the Israeli-Palestinian conflict.
Fourteen leading scholars explore the lives of seven of the most famous Jewish lawyers in the history of international law.
An examination of the intertwined lives and writings of a group of prominent twentieth-century Jewish thinkers who experienced exile and migration Exile, Statelessness, and Migration explores the intertwined lives, careers, and writings of a group of prominent Jewish intellectuals during the mid-twentieth century—in particular, Theodor Adorno, Hannah Arendt, Walter Benjamin, Isaiah Berlin, Albert Hirschman, and Judith Shklar, as well as Hans Kelsen, Emmanuel Levinas, Gershom Scholem, and Leo Strauss. Informed by their Jewish identity and experiences of being outsiders, these thinkers produced one of the most brilliant and effervescent intellectual movements of modernity. Political philosopher Seyla Benhabib’s starting point is that these thinkers faced migration, statelessness, and exile because of their Jewish origins, even if they did not take positions on specifically Jewish issues personally. The sense of belonging and not belonging, of being “eternally half-other,” led them to confront essential questions: What does it mean for the individual to be an equal citizen and to wish to retain one’s ethnic, cultural, and religious differences, or perhaps even to rid oneself of these differences altogether in modernity? Benhabib isolates four themes in their works: dilemmas of belonging and difference; exile, political voice, and loyalty; legality and legitimacy; and pluralism and the problem of judgment. Surveying the work of influential intellectuals, Exile, Statelessness, and Migration recovers the valuable plurality of their Jewish voices and develops their universal insights in the face of the crises of this new century.
Now in paperback—with a new preface by the author Americans have long been protective of the country's sovereignty—all the way back to George Washington who, when retiring as president, admonished his successors to avoid “permanent” alliances with foreign powers. Ever since, the nation has faced periodic, often heated, debates about how to maintain that sovereignty, and whether and when it is appropriate to cede some of it in the form of treaties and the alliances about which Washington warned. As the 2016 election made clear, sovereignty is also one of the most frequently invoked, polemical, and misunderstood concepts in politics—particularly American politics. The concept wields symbolic power, implying something sacred and inalienable: the right of the people to control their fate without subordination to outside authorities. Given its emotional pull, however, the concept is easily high-jacked by political opportunists. By playing the sovereignty card, they can curtail more reasoned debates over the merits of proposed international commitments by portraying supporters of global treaties or organizations as enemies of motherhood and apple pie. Such polemics distract Americans from what is really at stake in the sovereignty debate: the ability of the United States to shape its destiny in a global age. The United States cannot successfully manage globalization, much less insulate itself from cross-border threats, on its own. As global integration deepens and cross-border challenges grow, the nation's fate is increasingly tied to that of other countries, whose cooperation will be needed to exploit the shared opportunities and mitigate the common risks of interdependence. The Sovereignty Wars is intended to help today's policymakers think more clearly about what is actually at stake in the sovereignty debate and to provide some criteria for determining when it is appropriate to make bargains over sovereignty—and how to make them.
First published in 1945, this is one of the seminal works on international human rights law, written by a legendary scholar in the field. This republication, featuring a new introduction by Professor Philippe Sands, QC, once again makes this book available to scholars and students.