The Legal Foundation And Borders Of Israel Under International Law

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The Legal Foundation and Borders of Israel Under International Law

Author : Howard Grief
Publisher :
ISBN 13 : 9789657344521
Total Pages : 0 pages
Book Rating : 4.3/5 (445 download)

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Book Synopsis The Legal Foundation and Borders of Israel Under International Law by : Howard Grief

Download or read book The Legal Foundation and Borders of Israel Under International Law written by Howard Grief and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Foundations of the International Legal Rights of the Jewish People and the State of Israel

Author : Cynthia D. Wallace
Publisher : Charisma Media
ISBN 13 : 1616389168
Total Pages : 131 pages
Book Rating : 4.6/5 (163 download)

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Book Synopsis Foundations of the International Legal Rights of the Jewish People and the State of Israel by : Cynthia D. Wallace

Download or read book Foundations of the International Legal Rights of the Jewish People and the State of Israel written by Cynthia D. Wallace and published by Charisma Media. This book was released on 2012 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Laws may change, perceptions may vary, but historical fact is immutable."

Private International Law in Israel

Author : Talia Einhorn
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403547154
Total Pages : 616 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Private International Law in Israel by : Talia Einhorn

Download or read book Private International Law in Israel written by Talia Einhorn and published by Kluwer Law International B.V.. This book was released on 2022-09-20 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Israel. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Israel. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.

Foundations of civil and political rights in Israel and the occupied territories

Author : Yvonne Schmidt
Publisher : GRIN Verlag
ISBN 13 : 3638051730
Total Pages : 631 pages
Book Rating : 4.6/5 (38 download)

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Book Synopsis Foundations of civil and political rights in Israel and the occupied territories by : Yvonne Schmidt

Download or read book Foundations of civil and political rights in Israel and the occupied territories written by Yvonne Schmidt and published by GRIN Verlag. This book was released on 2008-05-21 with total page 631 pages. Available in PDF, EPUB and Kindle. Book excerpt: Doctoral Thesis / Dissertation from the year 2001 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Sehr Gut, University of Vienna, language: English, abstract: This work intends to show how civil and political rights in Israel and the Occupied Territories are regulated, which normative standards and spiritual sources nourish them, and how written and unwritten principles are applied and interpreted by the Supreme Court of Israel in pursuance of its self-imposed duty to safeguard the individual's rights and freedoms. The legal system of Israel reflects unresolved conflicts, ambiguities of the state and difficulties connected with the process of nation-building as well as dilemmas concerning the ethnic and cultural identity of the population. From 1517 until 1917 Palestine was ruled by the Turks as part of the Ottoman Empire. In 1917 British troops conquered the territory and in 1922 the League of Nations granted to Great Britain the Mandate over Palestine. Following the establishment of the state of Israel in Palestine on 14 May 1948 a large number of British mandatory legislation was absorbed into Israel's legal system. This had and still has far-reaching, restrictive implications for the areas of administrative law and the field of human rights and freedoms. The British mandatory legislation includes security legislation - such as the Defence (Emergency) Regulations, 1945 - which empowers military commanders as well as the entirely executive branch of the government to impose severe restrictions on fundamental rights and freedoms. Despite the enactment of two basic laws on human rights in 1992 many areas, such as personal freedom, freedom of speech and the right of association and assembly are still regulated mainly by British colonial legislation that was never revoked after the establishment of the state of Israel. Since 1948 a permanent state of emergency is in force in Israel. This entitles the government to apply the inherited British mandatory security legislation as well as the own, by the Israeli parliament enacted emergency regulations. Israel's legal system has been built upon the duality of secular and religious law - a concept that was inherited from the Ottoman Millet tradition, first by the British mandatory government and then by the state of Israel. This study also includes important laws and Supreme Court judgments concerning civil and political rights that relate directly or indirectly to the territories occupied by Israel in the course of the war in June 1967.

Israel on Trial

Author : Matthijs de Blois
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781727518368
Total Pages : 0 pages
Book Rating : 4.5/5 (183 download)

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Book Synopsis Israel on Trial by : Matthijs de Blois

Download or read book Israel on Trial written by Matthijs de Blois and published by Createspace Independent Publishing Platform. This book was released on 2018-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2018, the State of Israel turned 70, but it has never been fully accepted as a member of the international community. Notwithstanding peace agreements with Egypt and Jordan, conflict between Israel and some of its neighbors in the region is looming. And peace between Israel and the Palestinians seems as far away as ever. Why?Since the 1970's, the idea has developed that international law requires resolution of the Arab/Israeli conflict by creating a State of Palestine with East Jerusalem as its capital, and borders based on the "1967 lines" - the so-called "two-state solution". Israeli settlements are regarded by many as illegal and an impediment to this solution.This book reviews international law regarding self-determination, statehood, territorial sovereignty, human rights and the right to self-defense. It argues that the two-state solution as defined by the UN is not required by international law.The authors examine how international law has been used and misused over the last century with regard to the Arab/Israeli conflict. They argue that the historical context of the creation of the State of Israel, especially the Mandate for Palestine, is too often ignored.The Arab states, the Palestinian leadership and the European Union have all played a role in enabling the UN to become a platform for lawfare against Israel: policies and resolutions that use the language of international law but, in fact, undermine the existence of the Jewish State and have disputable basis in international law. Lawfare is problematic because it undermines the international legal order itself.It is time to revisit the prevailing legal paradigm to resolve the conflict. This book aims to provide a legal framework for the exploration of alternative policy solutions that balance the rights of the Jewish State of Israel to territorial integrity, security and political independence with the rights of Palestinian Arabs to political autonomy, and economic and social advancement.

International Law and the Israeli-Palestinian Conflict

Author : Susan M. Akram
Publisher : Routledge
ISBN 13 : 1136850988
Total Pages : 353 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis International Law and the Israeli-Palestinian Conflict by : Susan M. Akram

Download or read book International Law and the Israeli-Palestinian Conflict written by Susan M. Akram and published by Routledge. This book was released on 2010-12-23 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues, ranging from security, through legal and political frameworks to refugees and Jerusalem.

Legal Dualism

Author : Eyal Benvenisti
Publisher : Routledge
ISBN 13 : 0429714475
Total Pages : 105 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Legal Dualism by : Eyal Benvenisti

Download or read book Legal Dualism written by Eyal Benvenisti and published by Routledge. This book was released on 2019-03-04 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the various methods by which Israeli law is being applied to the occupied territories and their inhabitants. It discusses the legal situation of the territories from the point of view of the positive law that is in effect there.

Law, Politics and Violence in Israel/Palestine

Author : Maayan Geva
Publisher : Springer
ISBN 13 : 3319341537
Total Pages : 198 pages
Book Rating : 4.3/5 (193 download)

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Book Synopsis Law, Politics and Violence in Israel/Palestine by : Maayan Geva

Download or read book Law, Politics and Violence in Israel/Palestine written by Maayan Geva and published by Springer. This book was released on 2016-11-15 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the Israeli engagement with international law in relation to the Occupied Palestinian Territories (OPT) between 1967 and 2009. Grounded in a field-based study of the military International Law Department, it examines the dynamic position and impact that international law has had in the OPT. By analysing the Israeli 2008/9 offensive in Gaza as an example of contemporary warfare, the author argues that law and military agenda have become intertwined in ‘lawfare’, a condition sanctioning new forms of law and violence. The military legal system is central to the Israeli management of the OPT, yet despite the great interest in the legal aspects of the Israeli occupation, scholarly accounts of this institution are scarce. This discussion also has wider international relevance, particularly in the backdrop of the contemporary prominence of international law in Western militaries’ operations. This book will appeal to researchers, practitioners and students interested in international relations, political theory, human rights, Middle Eastern politics, and legal studies.

The Occupation of Justice

Author : David Kretzmer
Publisher : Oxford University Press
ISBN 13 : 0190696044
Total Pages : 352 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Occupation of Justice by : David Kretzmer

Download or read book The Occupation of Justice written by David Kretzmer and published by Oxford University Press. This book was released on 2021-02-12 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial review by Israel's Supreme Court over actions of Israeli authorities in the territories occupied by Israel in 1967 is an important element in Israel's legal and political control of these territories. The Occupation of Justice presents a comprehensive discussion of the Court's decisions in exercising this review. This revised and expanded edition includes updated material and analysis, as well as new chapters. Inter alia, it addresses the Court's approach to its jurisdiction to consider petitions from residents of the Occupied Territories; justiciability of sensitive political issues; application and interpretation of the international law of belligerent occupation in general, and the Fourth Geneva Convention in particular; the relevance of international human rights law and Israeli constitutional law; the rights of Gaza residents after the withdrawal of Israeli forces and settlements from the area; Israeli settlements and settlers; construction of the separation barrier in the West Bank; security measures, including internment, interrogation practices, and punitive house demolitions; and judicial review of hostilities. The study examines the inherent tension involved in judicial review over the actions of authorities in a territory in which the inhabitants are not part of the political community the Court belongs to. It argues that this tension is aggravated in the context of the West Bank by the glaring disparity between the norms of belligerent occupation and the Israeli government's policies. The study shows that while the Court's review has enabled many individuals to receive a remedy, it has largely served to legitimise government policies and practices in the Occupied Territories.

The Palestine Question in International Law

Author : Victor Kattan
Publisher : British Institute for International & Comparative Law
ISBN 13 :
Total Pages : 1248 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Palestine Question in International Law by : Victor Kattan

Download or read book The Palestine Question in International Law written by Victor Kattan and published by British Institute for International & Comparative Law. This book was released on 2008 with total page 1248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of Palestine has been a pivotal one for international law ever since the foundation of the UN in 1945. It remains so today. On July 9, 2004, the International Court of Justice (ICJ) gave its advisory opinion on the Legal Consequences of the Construction of a Wall in Occupied Palestinian Territory. It ruled on some major international law questions concerning the applicability of the Geneva Civilians Convention of 1949 to prolonged occupations, as well as human rights law more generally. It confirmed the illegality of the Israeli civilian settlements established on occupied Palestinian territory and affirmed the continuing relevancy of the right of the Palestinian people to self-determination, which it considered an obligation erga omnes. The ICJ did not, however, rule on many of the international law questions pertaining to Final Status Issues which still need to be negotiated between the Israeli and Palestinian leadership if peace is to ever be accomplished in the Holy Land. In this series of essays, some of the most important questions relating to the Israel-Palestine conflict are addressed and reproduced in one complete volume, coinciding with the 60th anniversary of the creation of Israel and the demise of the British mandate of Palestine.

Conflicts in a Conflict

Author : Michael Karayanni
Publisher : Oxford University Press
ISBN 13 : 0199366462
Total Pages : 304 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Conflicts in a Conflict by : Michael Karayanni

Download or read book Conflicts in a Conflict written by Michael Karayanni and published by Oxford University Press. This book was released on 2014-04-30 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts in a Conflict outlines and analyzes the legal doctrines instructing the Israeli courts in private and civil disputes involving the Occupied Palestinian Territories of the West Bank and the Gaza Strip, since 1967 until the present day. In doing so, author, Michael Karayanni sheds light on a whole sphere of legal designs and norms that have not received any thorough scholarly attention, as most of the writings thus far have been on issues pertaining to international law, human rights, history, and politics. For the most part, Israeli courts turned to conflict of laws, or private international law to address private disputes implicating the Palestinian Territories. After making a thorough investigation into the jurisdictional designs of the West Bank and the Gaza Strip, both before and after the Oslo Peace Accords, Conflicts in a Conflict comes to focus on traditional topics such as adjudicative jurisdiction, choice of law, and recognitions and enforcement of judgments. Related issues such as the foreign sovereign immunity claim of the Palestinian Authority before Israeli courts as well as the extent to which Palestinian plaintiffs were granted access to justice rights, are also outlined and analyzed. This book's compelling thesis is the existence of a close relationship between conflict of laws doctrines as they developed over the years and Israeli policies generally in respect of the Palestinian Territories. This study of the conflict of laws in a war setting and conflict of laws in a jurisdictionally ambiguous location, will greatly serve scholars and practitioners in similarly troubled and complex legal situations elsewhere.

Israel's National Security Law

Author : Amichai Cohen
Publisher : Routledge
ISBN 13 : 0415549140
Total Pages : 298 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis Israel's National Security Law by : Amichai Cohen

Download or read book Israel's National Security Law written by Amichai Cohen and published by Routledge. This book was released on 2012 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses both the substance of Israel's National security law and the dynamics of its historical development. It examines the normative principles upon which Israel's national security law is based, institutional arrangements for the formulation and protection of national security law, and the style in which Israeli national security law is formulated.

The Israeli Legal System

Author : Christian Walter
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783848747665
Total Pages : 0 pages
Book Rating : 4.7/5 (476 download)

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Book Synopsis The Israeli Legal System by : Christian Walter

Download or read book The Israeli Legal System written by Christian Walter and published by Nomos Verlagsgesellschaft. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur : "This Volume offers an introduction to the Israeli legal system. It includes a detailed analysis of the Foundations of the Israeli Law, Civil, Public and Criminal Law, Trade and Business Law as well as a presentation of Israel within the International Law."

The Statehood of Palestine

Author : John Quigley
Publisher : Cambridge University Press
ISBN 13 : 1139491245
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Statehood of Palestine by : John Quigley

Download or read book The Statehood of Palestine written by John Quigley and published by Cambridge University Press. This book was released on 2010-09-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Progression of International Law

Author : Yoram Dinstein
Publisher : BRILL
ISBN 13 : 9004219129
Total Pages : 657 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Progression of International Law by : Yoram Dinstein

Download or read book The Progression of International Law written by Yoram Dinstein and published by BRILL. This book was released on 2011-11-11 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume was produced to celebrate the fortieth anniversary of the Israel Yearbook on Human Rights. Forty years have yielded an impressive forty annual volumes. When it was started in 1971, the Yearbook was the first of its kind anywhere in the world. It has always understood its mandate as transcending the narrow borders of the discipline of either national or international human rights. From the outset, international humanitarian law and international criminal law were understood as coming within the proper framework of the Yearbook, as were on occasion articles on diverse freedoms that may seem out of bounds to a strict interpreter of the phrase “human rights”. The present volume brings to the fore only one dimension of the Yearbook, namely essays. Twenty-five of them are collected here: twelve originally appeared in the first twenty issues of the Yearbook, and thirteen in the last twenty volumes, offering a fair cross-section of the literally hundreds of articles in the Yearbook over time, produced by authors from all over the world. Those chosen for inclusion in this Anniversary volume were felt to most impressively tap the rich lode of legal research; present insightful theses for intellectual discourse and argument; and enhance the readers’ knowledge and understanding.

NOT OUR SALVATION

Author : GILADI.
Publisher :
ISBN 13 : 9780191890215
Total Pages : pages
Book Rating : 4.8/5 (92 download)

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Book Synopsis NOT OUR SALVATION by : GILADI.

Download or read book NOT OUR SALVATION written by GILADI. and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Palestine, Palestinians and International Law

Author : Francis A. Boyle
Publisher : SCB Distributors
ISBN 13 : 0932863922
Total Pages : 200 pages
Book Rating : 4.9/5 (328 download)

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Book Synopsis Palestine, Palestinians and International Law by : Francis A. Boyle

Download or read book Palestine, Palestinians and International Law written by Francis A. Boyle and published by SCB Distributors. This book was released on 2010-08-13 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading US expert applies the norms and standards of international law to the Israeli/Palestinian conflict, addressing Palestinian statehood, the negotiation and failure of the Oslo Accords, the status of Jerusalem, the Al Aqsa Intifada, the right of return, human rights violations, war crimes, crimes against humanity, terrorism (both state and suicide bombings), the current divest-from-Israel campaign and the US war against Iraq. Francis Boyle is regularly interviewed by media all over the world. In recent months, he has been interviewed by the Christian Science Monitor, Time, USA Today, the Washington Post, and Al Jazeera, among others. He is a frequent commentator on NPR, his articles appear regularly in a wide range of online publications, notably the website Counterpunch, and he is often interviewed on radio and television.