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Refuge: Canada's Journal on Refugees
The article reviews recent Israel-Palestinian negotiations on the issue of the Palestinian refuge... more The article reviews recent Israel-Palestinian negotiations on the issue of the Palestinian refugees. It examines legal aspects of the major issues that were involved in the negotiations including who was responsible for the plight of the refugees, the definition of who is a refugee, the existence of a right of return, and the question of restitution and compensation. The article reaches the conclusion that, in the context of the Arab-Israeli conflict, no legal “right of return” exists, implementation of such a right would be impracticable and UN General Assembly Resolution 194 does not impose such a right. The article shows, however, that despite deep differences on legal positions, the parties have endeavoured to draft language that will enable them to proceed with a practical solution.
Israel Journal of Foreign Affairs
Proceedings of the ASIL Annual Meeting
Proceedings of the ASIL Annual Meeting
Israel Journal of Foreign Affairs
Israel Journal of Foreign Affairs
Israel Journal of Foreign Affairs
Israel Journal of Foreign Affairs
ISRAEL: A CONCISE HISTORY OF A NATION REBORN
Israel Journal of Foreign Affairs
Middle East Studies Association Bulletin, 2008
Israel Law Review, 2005
This Article examines how the advisory opinion of the ICJ on the “Legal Consequences of Construct... more This Article examines how the advisory opinion of the ICJ on the “Legal Consequences of Constructing a Wall in the Occupied Palestinian Territory” dealt with the status of the territory through which the separation barrier passed and the question of the status of the “Green Line” which delineates this territory.Israel has accepted that the rules of belligerent occupation are to be applied to the territory, the Court however did not suffice itself with applying the laws of belligerent occupation but chose to follow current UN precedents in the use of the phrase occupied “Palestinian” territory. The Court does not attempt to resolve the dilemma of how the West Bank could be defined as occupied “Palestinian” territory when its status as occupied territory presumably derived from Israel's seizure of the Area from Jordan and a Palestinian State had never existed there, or anywhere.Although the Court disclaimed any intention of determining boundaries, nevertheless the Court treats the...
A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences, 2000
A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences, 2000
A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences, 2000
A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences, 2000
A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences, 2000
A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences, 2000
A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences, 2000
Refuge: Canada's Journal on Refugees
The article reviews recent Israel-Palestinian negotiations on the issue of the Palestinian refuge... more The article reviews recent Israel-Palestinian negotiations on the issue of the Palestinian refugees. It examines legal aspects of the major issues that were involved in the negotiations including who was responsible for the plight of the refugees, the definition of who is a refugee, the existence of a right of return, and the question of restitution and compensation. The article reaches the conclusion that, in the context of the Arab-Israeli conflict, no legal “right of return” exists, implementation of such a right would be impracticable and UN General Assembly Resolution 194 does not impose such a right. The article shows, however, that despite deep differences on legal positions, the parties have endeavoured to draft language that will enable them to proceed with a practical solution.
Israel Journal of Foreign Affairs
Proceedings of the ASIL Annual Meeting
Proceedings of the ASIL Annual Meeting
Israel Journal of Foreign Affairs
Israel Journal of Foreign Affairs
Israel Journal of Foreign Affairs
Israel Journal of Foreign Affairs
ISRAEL: A CONCISE HISTORY OF A NATION REBORN
Israel Journal of Foreign Affairs
Middle East Studies Association Bulletin, 2008
Israel Law Review, 2005
This Article examines how the advisory opinion of the ICJ on the “Legal Consequences of Construct... more This Article examines how the advisory opinion of the ICJ on the “Legal Consequences of Constructing a Wall in the Occupied Palestinian Territory” dealt with the status of the territory through which the separation barrier passed and the question of the status of the “Green Line” which delineates this territory.Israel has accepted that the rules of belligerent occupation are to be applied to the territory, the Court however did not suffice itself with applying the laws of belligerent occupation but chose to follow current UN precedents in the use of the phrase occupied “Palestinian” territory. The Court does not attempt to resolve the dilemma of how the West Bank could be defined as occupied “Palestinian” territory when its status as occupied territory presumably derived from Israel's seizure of the Area from Jordan and a Palestinian State had never existed there, or anywhere.Although the Court disclaimed any intention of determining boundaries, nevertheless the Court treats the...
A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences, 2000
A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences, 2000
A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences, 2000
A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences, 2000
A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences, 2000
A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences, 2000
A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences, 2000