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Author: Morad Elsana Publisher: Routledge ISBN: 0429593929 Category : Law Languages : en Pages : 160
Book Description
Introducing the Negev–Bedouin land issue from the international indigenous land rights perspective, this comparative study suggests options for the recognition of their land. The book demonstrates that the Bedouin land dispossession, like many indigenous peoples’, progressed through several phases that included eviction and displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouin’s traditional land rights. Examining the Mawat legal doctrine on which the State and the Court rely on to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and shows how the limitations of this law prevent any meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines’ land in Australia is introduced as an example of indigenous peoples' successful struggle for their traditional land rights. The final chapter analyzes the basic elements of judicial recognition of the land and shows that the basic elements needed for Bedouin land recognition exist in the Israeli legal system. Proposing practical recommendations for the recognition of Bedouin land, this volume is a key resource to scholars and students interested in land rights, international law, comparative studies, and the Middle East.
Author: Morad Elsana Publisher: Routledge ISBN: 0429593929 Category : Law Languages : en Pages : 160
Book Description
Introducing the Negev–Bedouin land issue from the international indigenous land rights perspective, this comparative study suggests options for the recognition of their land. The book demonstrates that the Bedouin land dispossession, like many indigenous peoples’, progressed through several phases that included eviction and displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouin’s traditional land rights. Examining the Mawat legal doctrine on which the State and the Court rely on to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and shows how the limitations of this law prevent any meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines’ land in Australia is introduced as an example of indigenous peoples' successful struggle for their traditional land rights. The final chapter analyzes the basic elements of judicial recognition of the land and shows that the basic elements needed for Bedouin land recognition exist in the Israeli legal system. Proposing practical recommendations for the recognition of Bedouin land, this volume is a key resource to scholars and students interested in land rights, international law, comparative studies, and the Middle East.
Author: Ahmad Amara Publisher: Harvard University Press ISBN: 0986106224 Category : Law Languages : en Pages : 349
Book Description
The indigenous Bedouin Arab population in the Naqab/Negev desert in Israel has experienced a history of displacement, intense political conflict, and cultural disruption, along with recent rapid modernization, forced urbanization, and migration. This volume of essays highlights international, national, and comparative law perspectives and explores the legal and human rights dimensions of land, planning, and housing issues, as well as the economic, social, and cultural rights of indigenous peoples. Within this context, the essays examine the various dimensions of the “negotiations” between the Bedouin Arab population and the State of Israel. Indigenous (In)Justice locates the discussion of the Naqab/Negev question within the broader Israeli-Palestinian conflict and within key international debates among legal scholars and human rights advocates, including the application of the Declaration on the Rights of Indigenous Peoples, the formalization of traditional property rights, and the utility of restorative and reparative justice approaches. Leading international scholars and professionals, including the current United Nations Special Rapporteur on Violence against Women and the former United Nations Special Rapporteur on the Rights of Indigenous Peoples, are among the contributors to this volume.
Author: Alexandre Kedar Publisher: Stanford University Press ISBN: 1503604586 Category : Law Languages : en Pages : 356
Book Description
Emptied Lands investigates the protracted legal, planning, and territorial conflict between the settler Israeli state and indigenous Bedouin citizens over traditional lands in southern Israel/Palestine. The authors place this dispute in historical, legal, geographical, and international-comparative perspectives, providing the first legal geographic analysis of the "dead Negev doctrine" used by Israel to dispossess and forcefully displace Bedouin inhabitants in order to Judaize the region. The authors reveal that through manipulative use of Ottoman, British and Israeli laws, the state has constructed its own version ofterra nullius. Yet, the indigenous property and settlement system still functions, creating an ongoing resistance to the Jewish state.Emptied Lands critically examines several key land claims, court rulings, planning policies, and development strategies, offering alternative local, regional, and international routes for justice.
Author: Shlomo Sand Publisher: Verso Books ISBN: 1844679462 Category : History Languages : en Pages : 305
Book Description
What is a homeland and when does it become a national territory? Why have so many people been willing to die for such places throughout the twentieth century? What is the essence of the Promised Land? Following the acclaimed and controversial The Invention of the Jewish People, Shlomo Sand examines the mysterious sacred land that has become the site of the longest-running national struggle of the twentieth and twenty-first centuries. The Invention of the Land of Israel deconstructs the age-old legends surrounding the Holy Land and the prejudices that continue to suffocate it. Sand’s account dissects the concept of “historical right” and tracks the creation of the modern concept of the “Land of Israel” by nineteenth-century Evangelical Protestants and Jewish Zionists. This invention, he argues, not only facilitated the colonization of the Middle East and the establishment of the State of Israel; it is also threatening the existence of the Jewish state today.
Author: Angela Cameron Publisher: University of Toronto Press ISBN: 148753213X Category : Law Languages : en Pages : 385
Book Description
While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.
Author: Omar Shakir Publisher: ISBN: Category : Arab-Israeli conflict Languages : en Pages : 217
Book Description
"The widely held assumption that the Israeli occupation of Palestinian territory is a temporary situation and that the 'peace process' will soon bring an end to Israeli abuses has obscured the reality on the ground today of Israel's entrenched discriminatory rule over Palestinians. A single authority, the Israeli government, rules primarily over the area between the Jordan River and Mediterranean Sea, populated by two groups of roughly equal size, methodologically privileging Jewish Israelis while repressing Palestinians, most severely in the Occupied Palestinian Territory (OPT), made-up of the West Bank, including East Jerusalem, and Gaza. Drawing on years of human rights documentation, case studies and a review of government planning documents, statements by officials and other sources, [this report] examines Israel's treatment of Palestinians and evaluates whether particular Israeli policies and practices in certain areas amount to the crimes against humanity of apartheid and persecution."--Page 4 of cover.
Author: Brenna Bhandar Publisher: Duke University Press ISBN: 082237157X Category : Law Languages : en Pages : 237
Book Description
In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.
Author: Human Rights Watch (Organization) Publisher: ISBN: Category : Arab-Israeli conflict Languages : en Pages :
Book Description
"This report documents how settlement businesses facilitate the growth and operations of settlements. These businesses depend on and contribute to the Israeli authorities' unlawful confiscation of Palestinian land and other resources. They also benefit from these violations, as well as Israel's discriminatory policies that provide privileges to settlements at the expense of Palestinians, such as access to land and water, government subsidies, and permits for developing land"--Publisher's description.
Author: Alan C. Tidwell Publisher: Routledge ISBN: 131753753X Category : Law Languages : en Pages : 266
Book Description
Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land conflicts from the South Pacific, Australasia, South East Asia, Africa, North and South America, and northern Eurasia. These regional cases discuss issues such as modernization, the evolution of systems and institutions regulating land use, access and management, and the resolution of indigenous land conflicts, drawing out common problems and solutions. The lessons learnt from the book will be of value to students, researchers, legal professionals and policy makers with an interest in land and property rights worldwide.
Author: Noam Chomsky Publisher: Haymarket Books ISBN: 1608465012 Category : Political Science Languages : en Pages : 226
Book Description
The sequel to the acclaimed Gaza in Crisis from world-famous political analyst Noam Chomsky and Middle East historian Ilan Pappé. Operation Protective Edge, Israel’s 2014 assault on Gaza, left thousands of Palestinians dead and cleared the way for another Israeli land grab. The need to stand in solidarity with Palestinians has never been greater. Ilan Pappé and Noam Chomsky, two leading voices in the struggle to liberate Palestine, discuss the road ahead for Palestinians and how the international community can pressure Israel to end its human rights abuses against the people of Palestine. Praise for Gaza in Crisis by Noam Chomsky and Ilan Pappé “This sober and unflinching analysis should be read and reckoned with by anyone concerned with practicable change in the long-suffering region.” —Publishers Weekly “Both authors perform fiercely accurate deconstructions of official rhetoric.” —The Guardian Praise for Noam Chomsky . . . “Chomsky is a global phenomenon . . . perhaps the most widely read American voice on foreign policy on the planet.” —The New York Times Book Review “One of the radical heroes of our age . . . a towering intellect . . . powerful, always provocative.” —The Guardian . . . and Ilan Pappé “Ilan Pappé is Israel’s bravest, most principled, most incisive historian.” —John Pilger, journalist, writer, and filmmaker “Along with the late Edward Said, Ilan Pappé is the most eloquent writer of Palestinian history.” —New Statesman
Author: Morad Elsana
Author: Morad Elsana
Author: Ahmad Amara
Author: Alexandre Kedar
Author: Shlomo Sand
Author: Angela Cameron
Author: Omar Shakir
Author: Brenna Bhandar
Author: Human Rights Watch (Organization)
Author: Alan C. Tidwell
Author: Noam Chomsky