Foreword / John Dugard -- Introduction / Victor Kattan -- Palestine And International Law : An Historical Overview / Victor Kattan -- I. International Law In The Middle East. 1. Orientalism And International Law : The Middle East As Underclass Of The International Legal Order / Jean Allain -- Ii. Origins Of The Arab-israeli Conflict. 2. The Arab-israeli Conflict And International Law / Michael Akehurst -- Iii. Palestinian Refugees. 3. Displaced Palestinians And A Right Of Return / John B. Quigley -- 4. The Responsibility Of Great Britain In Respect Of The Creation Of The Palestine Refugee Question / Iain Scobbie -- 5. The Nationality Of Denationalized Palestinians / Victor Kattan -- 6. The Right To Restitution And Compensation In International Law And The Displaced Palestinians / Michael Lynk -- 7. The Protection Of Palestinian Refugees In The Territories Occupied By Israel / Lex Takkenberg --^ Iv. The Defence (emergency) Regulations. 8. Perpetual Emergency : A Legal Analysis Of Israel's Use Of The British Defence (emergency) Regulations, 1945, In The Occupied Territories / Martha Roadstrum Moffett -- V. The Legal Status Of Jerusalem. 9. Legal Considerations On The International Status Of Jerusalem / Antonio Cassese -- 10. Facts On The Ground : An Examination Of Israeli Municipal Policy In East Jerusalem / Ardi Imseis -- Vi. Un Security Council Resolution 242. 11. Resolution 242 : A Legal Reappraisal Of The Right-wing Israeli Interpretation Of The Withdrawal Phrase With Reference To The Conflict Between Israel And The Palestinians / John Mchugo -- Vii. Self-determination And Belligerent Occupation. 12. The Palestinians, The Uprising And International Law / Adam Roberts -- 13. The West Bank Aquifer And Conventions Regarding Laws Of Belligerent Occupation / Jamal L. El-hindi -- 14. On The Road To Apartheid : The Bypass Road Network In The West Bank / Samira Shah --^ 15. On The Fourth Geneva Convention And The Occupied Palestinian Territory / Ardi Imseis -- 16. Illegal Occupation : Framing The Occupied Palestinian Territory / Orna Ben-naftali, Aeyal M. Gross, Keren Michaeli -- 17. An Intimate Disengagement : Israel's Withdrawal From Gaza, The Law Of Occupation And Of Self-determination / Iain Scobbie -- Viii. Palestinian Statehood. 18. The Creation Of The State Of Palestine / Francis Boyle -- 19. The Creation Of The State Of Palestine : Too Much Too Soon? / James Crawford -- 20. Stalled Between Seasons : The International Legal Status Of Palestine During The Interim Period / Omar M. Dajani -- Ix. The Wall. 21. Legal Consequences Of The Construction Of A Wall In The Occupied Palestinian Territory : A Commentary / Roger O'keefe -- 22. The World Court's Ruling Regarding Israel's West Bank Barrier And The Primacy Of International Law : An Insider's Perspective / Pieter H.f. Bekker --^ 23. The Construction Of A Wall Between The Hague And Jerusalem : The Enforcement And Limits Of Humanitarian Law And The Structure Of Occupation / Aeyal M. Gross -- 24. The Legality Of The West Bank Wall : Israel's High Court Of Justice V. The International Court Of Justice / Victor Kattan -- X. Palestinian-israeli Negotiations. 25. The Role Of International Law In Palestinian-israeli Peace Talks / Omar M. Dajani. Compiled And Edited By Victor Kattan. Includes Bibliographical References. Chiefly English, With Some Documents In Arabic And Hebrew.

Kattan, Victor; British Institute of International and Comparative Law

compiled and edited by Victor Kattan

Victor Kattan; John Dugard

London: British Institute of International and Comparative Law

United Kingdom and Ireland, United Kingdom

PS, 2008

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.

lxxi, 1045 p. : 24 cm
Includes bibliographical references

2024-08-23