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Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.
A Guide to Documents on the Arab-Palestinian/Israeli Conflicts: 1897-2008, is a comprehensive non-partisan compilation designed to provide relevant legal and historical source material pertaining to this conflict. Each document is summarized for the reader’s benefit. The compilation contains all United Nations Resolutions and Reports, Treaties and Agreements, as well as historic documents that are difficult to obtain. To put the conflict into perspective, a chronology of events is provided, followed by an objective analysis of the historical background, including discussion of the various phases of the conflict, strategic considerations, and an analysis of the prospects for peace. The 690 documents summarized with official citations are the most extensive compilation covering the period from 1897 through 2008, including some key texts on Jerusalem dating back to earlier times. The documents are organized according to the conflict’s major topic areas with introductory notes for each part and section. M. Cherif Bassiouni and Shlomo Ben Ami have had a long history of involvement in the peace process. Their combined expertise and personal experiences add a unique dimension to this book that will provide anyone interested in the conflict with a distinct easy-to-use comprehensive compilation of relevant documents.
Quigley (law, Ohio State) details the complex politics and agonizing struggles that have characterized the clash between Jews and Arabs in the 20th century, examining the competing claims to Palestine and the extent to which legitimate interests remain to be fulfilled. Annotation copyrighted by Book News, Inc., Portland, OR
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.
This book is the first full-length study of the birth of the Palestinian refugee problem. Based on recently declassified Israeli, British and American state and party political papers and on hitherto untapped private papers, it traces the stages of the 1947-9 exodus against the backdrop of the first Arab-Israeli war and analyses the varied causes of the flight. The Jewish and Arab decision-making involved, on national and local levels, military and political, is described and explained, as is the crystallisation of Israel's decision to bar a refugee repatriation. The subsequent fate of the abandoned Arab villages, lands and urban neighbourhoods is examined. The study looks at the international context of the war and the exodus, and describes the political battle over the refugees' fate, which effectively ended with the deadlock at Lausanne in summer 1949. Throughout the book attempts to describe what happened rather than what successive generations of Israeli and Arab propagandists have said happened, and to explain the motives of the protagonists.
A collection of articles about Israel's right of establishment as a Jewish homeland and as an independent country.
This comprehensive compilation of some 595 documents on the Arab-Israeli conflict and a variety of related issues includes all the materials the researcher, analyst, and student of this conflict and region needs in a single text, from the years 1897 to 2003. Documents are listed in chronological order because many documents refer to more than one subject. They are, however, identified in the introduction according to subject matter. When different aspects recurred in a number of UN resolutions, only the main document is included, while others are referred to. The compilation is not only about Palestinian issues. It includes all relevant documents between Arab states and Israel, from the armistice agreements (1949), to the peace treaties with Egypt (1979) and Jordan (1994), as well as their protocols and other documents that derive from these treaties. The subject-matter content is as varied as the legal and political issues presented by this conflict. It includes geographical boundaries, refugees, water rights, regional security, elimination of weapons of mass destruction, and, of course, human rights and peace. Published under the Transnational Publishers imprint. The print edition is available as a set of two volumes (9781571052902).
The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues. Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict: Palestinian refugees Jerusalem security legal and political frameworks the future of Palestine. Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators.