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Beyond occupation : apartheid, colonialism and international law in the occupied Palestinian territories / edited by Virginia Tilley.

Contributor(s): Material type: TextTextPublisher: London : Pluto Press, 2012Description: 1 online resource (xix, 322 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 1849647437
  • 9781849647434
  • 9781849647458
  • 1849647453
  • 9781849647441
  • 1849647445
  • 0745332366
  • 9780745332369
Subject(s): Genre/Form: Additional physical formats: Print version:: No title; Print version:: No titleDDC classification:
  • 341.48095694 23
LOC classification:
  • JC599.I68
Online resources:
Contents:
Intro; Title page; Copyright page; Contents; Preface; 1 Sources of Law and Key Concepts; EXPLORING COLONIALISM AND APARTHEID AS MATTERS OF INTERNATIONAL LAW; SCOPE OF THE STUDY; State versus individual responsibility; Scope of empirical evidence; INTERNATIONAL LAW IN OCCUPIED TERRITORY; International humanitarian law; Defining 'belligerent occupation'; General provisions of the Fourth Geneva Convention; Human rights law; Prohibition of colonialism in international law; The right to self-determination in international law; The Declaration on Colonialism.
The prohibition of apartheid in international lawThe legal authority of an ICJ advisory opinion; CONCLUSION; 2 The Legal Context in the Occupied Palestinian Territories; INTRODUCTION; THE PALESTINIAN PEOPLE'S RIGHT TO SELF-DETERMINATION; The question of Palestinian statehood; The right of the Palestinian people to self-determination; The legal status of the Palestinians as a people; The territorial substance of Palestinian self-determination; LEGAL STATUS OF THE OPT; The 'missing reversioner' argument; East Jerusalem: status as occupied territory; Legal implications of the Oslo Accords.
The Oslo Accords and Palestinian governanceThe PA and PLO as 'authorities of the occupied territories'; Continuing occupation of the Gaza Strip; Israeli settlements in the OPT; Status of settlements under international humanitarian law; Legal status of the settlers; The jurisprudence of Israel's Supreme Court regarding settlements; Prolonged occupation; APPLICATION OF ISRAELI LAW IN THE OPT; Israeli laws governing settlements and settlers; Discriminatory application of Israeli civil legislation to Israeli settlers; Discrimination in the adjudication of rights.
Application of military legislation to PalestiniansMilitary legislation applying to Palestinians; Enforcement by military courts; Inadmissibility of discrimination based on citizenship; CONCLUSION; 3 Review of Israeli Practices Relative to the Prohibition of Colonialism; INTRODUCTION; REVIEW OF ISRAEL'S PRACTICES IN THE OPT RELATIVE TO COLONIALISM; Violations of territorial integrity; Supplanting institutions of governance; Altering the laws in place in the occupied territory; Extraterritorial application of Israeli civil law to Jews in the OPT.
Subjecting the local population to foreign administrationPreventing the local population from exercising political authority; Economic integration; Israeli practices breaching the prohibition on economic integration; Examples of integration: value-added tax and electricity grids; Violation of permanent sovereignty over natural resources; The right to water; Water rights and allocations in the OPT; Impact of the Oslo Accords on water allocation and control; Impact of the Wall on Palestinian access to water; Suppression of Palestinian culture.
Summary: A damning analysis of Israel's evasion of international law.
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Includes bibliographical references and index.

Intro; Title page; Copyright page; Contents; Preface; 1 Sources of Law and Key Concepts; EXPLORING COLONIALISM AND APARTHEID AS MATTERS OF INTERNATIONAL LAW; SCOPE OF THE STUDY; State versus individual responsibility; Scope of empirical evidence; INTERNATIONAL LAW IN OCCUPIED TERRITORY; International humanitarian law; Defining 'belligerent occupation'; General provisions of the Fourth Geneva Convention; Human rights law; Prohibition of colonialism in international law; The right to self-determination in international law; The Declaration on Colonialism.

The prohibition of apartheid in international lawThe legal authority of an ICJ advisory opinion; CONCLUSION; 2 The Legal Context in the Occupied Palestinian Territories; INTRODUCTION; THE PALESTINIAN PEOPLE'S RIGHT TO SELF-DETERMINATION; The question of Palestinian statehood; The right of the Palestinian people to self-determination; The legal status of the Palestinians as a people; The territorial substance of Palestinian self-determination; LEGAL STATUS OF THE OPT; The 'missing reversioner' argument; East Jerusalem: status as occupied territory; Legal implications of the Oslo Accords.

The Oslo Accords and Palestinian governanceThe PA and PLO as 'authorities of the occupied territories'; Continuing occupation of the Gaza Strip; Israeli settlements in the OPT; Status of settlements under international humanitarian law; Legal status of the settlers; The jurisprudence of Israel's Supreme Court regarding settlements; Prolonged occupation; APPLICATION OF ISRAELI LAW IN THE OPT; Israeli laws governing settlements and settlers; Discriminatory application of Israeli civil legislation to Israeli settlers; Discrimination in the adjudication of rights.

Application of military legislation to PalestiniansMilitary legislation applying to Palestinians; Enforcement by military courts; Inadmissibility of discrimination based on citizenship; CONCLUSION; 3 Review of Israeli Practices Relative to the Prohibition of Colonialism; INTRODUCTION; REVIEW OF ISRAEL'S PRACTICES IN THE OPT RELATIVE TO COLONIALISM; Violations of territorial integrity; Supplanting institutions of governance; Altering the laws in place in the occupied territory; Extraterritorial application of Israeli civil law to Jews in the OPT.

Subjecting the local population to foreign administrationPreventing the local population from exercising political authority; Economic integration; Israeli practices breaching the prohibition on economic integration; Examples of integration: value-added tax and electricity grids; Violation of permanent sovereignty over natural resources; The right to water; Water rights and allocations in the OPT; Impact of the Oslo Accords on water allocation and control; Impact of the Wall on Palestinian access to water; Suppression of Palestinian culture.

A damning analysis of Israel's evasion of international law.

English.

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