The International Law Foundations of Palestinian Nationality PDF Download

Author: Mutaz M. Qafisheh
Publisher: BRILL
ISBN: 9004169849
Category : Law
Languages : en
Pages : 269

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Book Description
By the end of British rule in Palestine on 14 May 1948, Palestinian nationality had become well established in accordance with both domestic law and international law. Accordingly, the legal origin of Palestinian nationality lies in this nearly thirty-year period as the status of Palestinians has never been settled since. Hence, any legal consideration on the future status of individuals who once held Palestinian nationality should start from the point at which the British rule over Palestine was terminated. This work provides a legal basis for future settlement of the status of Palestinians of all categories that emerged in some sixty years following the end of the Palestine Mandate: Israeli citizens, inhabitants of the occupied territory, and Palestinian refugees. In conclusion, nationality as regulated by Britain in Palestine represents an international status that cannot be legally altered except in accordance with international law.

Author: Francesca P. Albanese
Publisher: Oxford University Press
ISBN: 0191086789
Category : Law
Languages : en
Pages : 660

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Book Description
The Palestinian refugee question, resulting from the events surrounding the birth of the state of Israel seventy years ago, remains one of the largest and most protracted refugee crises of the post-WWII era. Numbering over six million in the Middle East alone, Palestinian refugees' status varies considerably according to the state or territory 'hosting' them, the UN agency assisting them and political circumstances surrounding the Israeli-Palestinian conflict these refugees are naturally associated with. Despite being foundational to both the experience of the Palestinian refugees and the resolution of their plight, international law is often side-lined in political discussions concerning their fate. This compelling new book, building on the seminal contribution of the first edition (1998), offers a clear and comprehensive analysis of various areas of international law (including refugee law, human rights law, humanitarian law, the law relating to stateless persons, principles related to internally displaced persons, as well as notions of international criminal law), and probes their relevance to the provision of international protection for Palestinian refugees and their quest for durable solutions.

Author: Francesca Albanese
Publisher: Oxford University Press, USA
ISBN: 019878404X
Category : Law
Languages : en
Pages : 609

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Book Description
The Palestinian conflict has produced one of the most tragic refugee crises since World War II, with the number of refugees caused by the violence associated with the creation of the State of Israel numbering around 11 million in 2011. The much lauded first edition, in 1998, of The Status of Palestinian Refugees in International Law was the first book to comprehensively analyse the legal aspects of the Palestinian refugee crisis, yet the last two decades have seen multiple developments. New waves of conflict and displacement have affected Palestinian refugees in the Middle East, and there has been Israeli encroachment on Palestinian territory. Hamas has grown, and a schism has formed within the first Palestinian government. The so-called "Arab Spring" has impacted the life, fate, and legal status of thousands of Palestinian refugees. In international legal jurisprudence, change has been similarly rapid. In 2004, the International Court of Justice delivered a crucial advisory opinion on the Separation Wall, authoritatively elucidating the international legal framework applicable to the Israeli occupation. Numerous international human rights bodies and UN fact-finding missions have added their analysis to the mix. The possibility of the State of Palestine joining the International Criminal Court has spurred discussion relating to the applicability of international criminal law to Palestinian refugees. Clear, compelling, and authoritative, Lex Takkenberg and Francesca Albanese discuss the status quo both on the ground and in the courts, and pose future scenarios to come.

Author: Guy S. Goodwin-Gill
Publisher: Oxford University Press
ISBN: 0192536508
Category : Law
Languages : en
Pages : 1172

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Book Description
The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection—non-discrimination, due process, rescue at sea, and solutions— are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.

Author: Leila H. Farsakh
Publisher: Univ of California Press
ISBN: 0520385632
Category : History
Languages : en
Pages : 329

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Book Description
A free open access ebook is available upon publication. Learn more at www.luminosoa.org. The quest for an inclusive and independent state has been at the center of the Palestinian national struggle for a very long time. This book critically explores the meaning of Palestinian statehood and the challenges that face alternative models to it. Giving prominence to a young set of diverse Palestinian scholars, this groundbreaking book shows how notions of citizenship, sovereignty, and nationhood are being rethought within the broader context of decolonization. Bringing forth critical and multifaceted engagements with what modern Palestinian self-determination entails, Rethinking Statehood sets the terms of debate for the future of Palestine beyond partition.

Author: John Quigley
Publisher: Cambridge University Press
ISBN: 1139491245
Category : Law
Languages : en
Pages :

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Book Description
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.

Author: Lâle Can
Publisher: Indiana University Press
ISBN: 0253056624
Category : History
Languages : en
Pages : 283

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Book Description
The core of this edited volume originates from a special issue of the Journal of the Ottoman and Turkish Studies Association (JOTSA) that goes well beyond the special issue to incorporate the stimulating discussions and insights of two Middle East Studies Association conference roundtables and the important work of additional scholars in order to create a state-of-the-field volume on Ottoman sociolegal studies, particularly regarding Ottoman international law from the eighteenth century to the end of the empire. It makes several important contributions to Ottoman and Turkish studies, namely, by introducing these disciplines to the broader fields of trans-imperial studies, comparative international law, and legal history. Combining the best practices of diplomatic history and history from below to integrate the Ottoman Empire and its subjects into the broader debates of the nineteenth-century trans-imperial history this unique volume represents the exciting work and cutting-edge scholarship on these topics that will continue to shape the field in years to come.

Author: Engin F Isin
Publisher: Routledge
ISBN: 131768138X
Category : Political Science
Languages : en
Pages : 309

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Book Description
This collection offers a postcolonial critique of the ostensible superiority or originality of ‘Western’ political theory and one of its fundamental concepts, ‘citizenship’. The chapters analyse the undoing, uncovering, and reinventing of citizenship as a way of investigating citizenship as political subjectivity. If it has now become very difficult to imagine citizenship merely as nationality or membership in the nation-state, this is at least in part because of the anticolonial struggles and the project of reimagining citizenship after orientalism that they precipitated. If it has become difficult to sustain the orientalist assumption, the question arises; how do we investigate citizenship as political subjectivity after orientalism? This book was originally published as a special issue of Citizenship Studies.

Author: Bronwen Manby
Publisher: African Minds
ISBN: 1936133296
Category : Law
Languages : en
Pages : 121

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Book Description
Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.

Author: Daniel Newman
Publisher: Taylor & Francis
ISBN: 100091593X
Category : Law
Languages : en
Pages : 265

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Book Description
This collection provides an innovative and engaging way of assessing the development of legal profession scholarship and its potential future development by presenting an analysis of the ‘leading works’ of the discipline. The book was written by prominent and emerging international scholars in the field, with each contributor having been invited to select and analyse a work which has for them shed light on what the legal profession is and what it does. The chapters explore the effect that the chosen work has had upon legal profession scholarship as a whole, both within particular jurisdictions and internationally. Contributors also reflect upon the likely implications of the leading work on the future study of and application to the legal profession. They relate the works to recent and contemporary developments in law and access to justice, such as the rise of technology, impact of the Covid-19 pandemic, and issues of funding, to highlight the interpretative value of such scholarship. Presenting an overview and introduction to the field of legal profession research, the collection will be required reading for researchers looking to study any aspect of the legal profession. It will also prove compelling for a wide variety of access to justice and justice system research projects. The book will also appeal to scholars interested in legal ethics.