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Articles 1 - 30 of 166
Full-Text Articles in Law
The Lessons Of 9/11 For October 7, Mary Ellen O'Connell
The Lessons Of 9/11 For October 7, Mary Ellen O'Connell
NDLS in the News
October 7 is being called Israel’s 9/11. The comparison is apt for the lessons that can be learned as to the legality of launching a ground offensive to respond to terrorism.
The Israel-Lebanon Maritime Border Agreement: Does Lebanon Implicitly Recognize The State Of Israel?, Mireille Rebeiz
The Israel-Lebanon Maritime Border Agreement: Does Lebanon Implicitly Recognize The State Of Israel?, Mireille Rebeiz
Dickinson Law Review (2017-Present)
In October 2022, Lebanon and Israel signed a Maritime Border Agreement brokered by the United States of America. Lebanon does not recognize Israeli statehood, and the two States have been at war since 1948. This Article seeks to examine the following legal question: Does the signing of the Maritime Border Agreement imply Lebanese recognition of Israeli statehood? In response, this Article begins with a brief examination of the history of the territorial and border disputes between Lebanon and Israel (discussed in Section I), then proceeds to analyze the definition of statehood and the two theories of statehood recognition. International law …
Exposing The Glass Ceiling And Social Exclusion Of Arabs In The Israeli Labor Market, Neta Nadiv
Exposing The Glass Ceiling And Social Exclusion Of Arabs In The Israeli Labor Market, Neta Nadiv
Pace International Law Review
This article presents the conservative claim that the public sector ought to lead by example to influence social employment patterns, across the public and private sectors. The hypothesis is that affirmative action plans are instrumental in establishing change in employment processes and are additionally essential in advancing the social concept of employment diversity. In the absence of a clear obligation and set requirements for the inclusion of Arab employees in Israel, an under-represented group, it is likely no significant change in employment patterns will be seen. This article details how current affirmative action plans advocate for integration merely on paper …
International Water Law’S Ability To Address Jordanian Water Insecurity, Jo Young
International Water Law’S Ability To Address Jordanian Water Insecurity, Jo Young
Upper Level Writing Requirement Research Papers
This comment studies international water law, specifically between Jordan and Israel, by detailing the complex history of Jordan and Israel. The comment analyzes the unique progression of previously feuding states, specifically Jordan and Israel, and looks to a hopeful future. Potential solutions will require an abundance of creativity and cooperation, something historically challenging for the Jordan River Basin region, but which is arguably possible with shared goals and understandings of the inescapable impact of climate change on the Jordan River Basin. Further, this comment hopes to shed light on a more sustainable future that can inspire the international community as …
Plural Belonging: The Samaritans' Negotiation Of Space In The Occupied Palestinian Territory, Zeina Jallad
Plural Belonging: The Samaritans' Negotiation Of Space In The Occupied Palestinian Territory, Zeina Jallad
American University International Law Review
Created in 1993 in accordance with the Israeli-Palestinian Peace Accords, the Palestinian Authority (PA) has grappled with the administration and maintenance of a vortex of highly fragmented legal and judicial systems. These fractured frameworks are the result of centuries-old colonial and military administrations that have exercised jurisdiction over the occupied Palestinian territory (oPt). A self-governing entity whose sovereignty has been undermined since its inception, the PA idealizes a democratic modus-operandi for the nation’s future, while actively participating in and benefiting from an overarching network of laws, court systems, and regulatory frameworks designed to discriminate against and abuse their subjects. Palestinian …
Some Remarks On The United Nations And Territorial Sovereignty In The Occupied Palestinian Territory, Giovanni Distefano
Some Remarks On The United Nations And Territorial Sovereignty In The Occupied Palestinian Territory, Giovanni Distefano
UAEU Law Journal
The present study is limited to the investigation of the possibility of the creation of territorial entities. It deals exclusively with the OccupiedPalestinianTerritory, i.e. the West Bank(including East-Jerusalem) and Gaza, leaving the Golan Heightsand the Sheba Farms aside. When one speaks about territorial entities engendered by occupation, one is induced to mention this possibility solely for Israel([1]). The other side, that is the Palestine Authority (hereinafter: PA), has never been able to avail itself of actual occupation “en tant que souverain” of the aforementioned territories. There is indeed no doubt that such effectiveness is clearly lacking([2]). …
The Lebanese Crisis Of Summer 2006 In Terms Of Jus Contra Bellum, Giovanni Distefano
The Lebanese Crisis Of Summer 2006 In Terms Of Jus Contra Bellum, Giovanni Distefano
UAEU Law Journal
As the title denotes, the present article focusses on the application of ius contra bellum rules ; in other word, the author will examine States' and non-State actors' conducts during summer 2006 events through the sole spectrum of rules relating to the right to the use of force in intern national relations, formerly known as the right to wage war. Thus, this article will not deal with the body of rules pertaining to the conduct of belligerents during armed conflict, i.e. the ius in bellum. Therefore, special, yet not exclusive emphasis will be put on Israel's title to resort to …
Is Israel A Democratic State Which Preserves International Law As A Law? International Law As Criterion For The Practice Of Democracy, Medwis Fallah Al-Rashidi
Is Israel A Democratic State Which Preserves International Law As A Law? International Law As Criterion For The Practice Of Democracy, Medwis Fallah Al-Rashidi
UAEU Law Journal
At this stage of internationalsocialdevelopment, the answer to the aforementioned question cannot be provided solely by municipallaw. Internationallawand its rules must provide some of the answers. Some of these rules, which have been adopted from municipallaw, namely "the principle of democracy", which is one of generalprinciples oflawhas been embodied in Article 38 of the ICJ's Statute as a source of internationallaw.
The principle of democracy, as a generalprinciple oflaw, has the same implication and application in the two systems of municipaland internationallaw. The preservation of the principle of democracy in one system by a state leads inevitably to the preservation …
Israel’S Perspective On Key Legal And Practical Issues Concerning The Application Of International Law To Cyber Operations, Roy Schöndorf
Israel’S Perspective On Key Legal And Practical Issues Concerning The Application Of International Law To Cyber Operations, Roy Schöndorf
International Law Studies
The speech given by the Israeli Deputy Attorney General (International Law) at the Naval War College’s event on “Disruptive Technologies and International Law” sets out, for the first time, Israel’s position on the application of international law to cyber operations. Consistent with the position taken by the vast majority of States thus far, Israel considers that international law applies to such operations. The speech stresses that questions pertaining to the identification and application of relevant legal rules remain, given the profound differences between the cyber domain and traditional domains of warfare—land, sea, and air. Therefore, in Israel’s view, a cautious …
The Icc Should Not Encourage Occupation, Uri Weiss
The Icc Should Not Encourage Occupation, Uri Weiss
Touro Law Review
No abstract provided.
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Touro Law Review
No abstract provided.
Persistence Of Jewish-Muslim Reconciliatory Activism In The Face Of Threats And “Terrorism” (Real And Perceived) From All Sides, Micah B.D.C. Naziri
Persistence Of Jewish-Muslim Reconciliatory Activism In The Face Of Threats And “Terrorism” (Real And Perceived) From All Sides, Micah B.D.C. Naziri
Antioch University Full-Text Dissertations & Theses
This dissertation concerns how Jewish-Muslim and Israel-Palestine grassroots activism can persist in the face of threats to the safety, freedom, lives, or even simply the income and employment of those engaged in acts of sustained resistance. At the heart of the study are the experiences of participants in the Hashlamah Project, an inter-religious collaboration project, involving Jews and Muslims. Across chapters and even nations, chapters of this organization faced similar threats and found universally-applicable solutions emerging for confronting those threats and persisting in the face of them. This raised the question of whether revolutionaries and activists in general can persevere …
Film Review: Operation Finale, Melanie O'Brien
Film Review: Operation Finale, Melanie O'Brien
Genocide Studies and Prevention: An International Journal
In 1960, the Israeli intelligence agency, Mossad, undertook an operation in Argentina to capture the architect of the Final Solution, Adolf Eichmann, and bring him to Israel to stand trial. Operation Finale [Chris Weitz, 2018] tells the story of this intelligence operation: the actions of and challenges for the agents involved, in a way that captures the banality of Eichmann’s personality before it was put on show for the world to see in his televised trial. Operation Finale is available on Netflix, rendering it a Holocaust film with an extraordinarily large reach.
Federalism: Necessary Legal Foundation For The Central Middle Eastern States, Issa Al-Aweel
Federalism: Necessary Legal Foundation For The Central Middle Eastern States, Issa Al-Aweel
Pace International Law Review
The Central Middle East—comprising of Syria, Israel, Palestine, Lebanon, and Jordan—is in need of a legal foundation defined by a constitutional umbrella that governs it as a whole. This is a proposed broad structure of such legal foundation that serves regional legal and economic needs and includes recognition of human rights.
The need for such restructuring is evident from the persistence of regional conflict and instability. Conflict and instability have been constants in the region in general and certainly in the listed five states. The issues include political instability, terrorism, continuous threats of fundamentalism, and pervasive disregard to human life …
Israeli Exception-Alism: The Nation-State Law And Its Place In The Israeli Geopolitical Zeitgeist, Daniel Bral
Israeli Exception-Alism: The Nation-State Law And Its Place In The Israeli Geopolitical Zeitgeist, Daniel Bral
Loyola of Los Angeles International and Comparative Law Review
Israel is no stranger to the scorn of the international community. In many respects, Israel is held to a different standard than other nations. In July 2018, that hypothesis was tested when Israel’s Knesset passed The Basic Law: Israel – The Nation State of the Jewish People. Though largely symbolic, the Law declares, inter alia, “[t]he exercise of the right to national self-determination in the State of Israel is unique to the Jewish People.” Critics lambasted the clause for allegedly violating international law by rejecting non-Jews’ right to exercise self-determination in the State of Israel. This note argues that the …
Trying To Try Sharon, Linda A. Malone
The Kahan Report: Justice Denied, Linda A. Malone
The Kahan Report: Justice Denied, Linda A. Malone
Linda A. Malone
No abstract provided.
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
Linda A. Malone
No abstract provided.
Human Rights In The Middle East, Linda A. Malone
Human Rights In The Middle East, Linda A. Malone
Linda A. Malone
No abstract provided.
Settler Colonial And Anti-Colonial Legalities In Palestine, Markus Gunneflo
Settler Colonial And Anti-Colonial Legalities In Palestine, Markus Gunneflo
Markus Gunneflo
No abstract provided.
Un Antagonism Towards The State Of Israel Resolution 2334 Of The Un Security Council: A Misinterpretation Of International Law, Jacob Dolinger
Un Antagonism Towards The State Of Israel Resolution 2334 Of The Un Security Council: A Misinterpretation Of International Law, Jacob Dolinger
University of Miami Inter-American Law Review
No abstract provided.
International Law, Settlements And The Two-State Solution, James J. Friedberg
International Law, Settlements And The Two-State Solution, James J. Friedberg
Faculty & Staff Scholarship
No abstract provided.
Understanding The Attitude In Israel Towards The Application Of The Right Of Return For Palestinian Refugees, Wafaa Abuzayda
Understanding The Attitude In Israel Towards The Application Of The Right Of Return For Palestinian Refugees, Wafaa Abuzayda
Master's Theses
The Palestinian refugee crisis is considered one of the oldest, largest, and most complicated refugee issues in the world. Hundreds of thousands of Palestinians have been displaced as a result of the 1948 and 1967 wars between Israel and the Arab states. Before fleeing their homes, Palestinians were persecuted and intimidated by the Israeli army in 1947 and 1948, causing people to flee to different neighboring geographical areas such as the West Bank, Gaza Strip, Jordan, Lebanon and Syria. The UNRWA, a UN-associated entity, was established and began operations on May 1, 1950 to support relief efforts benefiting the estimated …
Ground Water Resources And International Law In The Middle East Process, Yoram Eckstein, Gabriel Eckstein
Ground Water Resources And International Law In The Middle East Process, Yoram Eckstein, Gabriel Eckstein
Gabriel Eckstein
Next to issues of land, water resources are the major bone of contention in the peace negotiations between Israel and the Palestinian Arabs. The objective of negotiations is de facto setting the clock back to the eve of the Israel War of Independence, when the Jews accepted the 1947 UN resolution of partition, while the Arabs rejected it. The Arabs now accept the principle of territorial partition, but at the same time, they demand re-apportioning of resources, mainly of water. The Palestinians contend that the facts created on the ground unilaterally by Israel during the last 50 years, namely the …
The Idf Mag’S Gaza Report And Its Critics: Context, Compliance, And Credibility, Peter Margulies, Geoffrey Corn
The Idf Mag’S Gaza Report And Its Critics: Context, Compliance, And Credibility, Peter Margulies, Geoffrey Corn
Law Faculty Scholarship
No abstract provided.
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Access Denied—Using Procedure To Restrict Tort Litigation: The Israeli-Palestinian Experience, Gilat J. Bachar
Access Denied—Using Procedure To Restrict Tort Litigation: The Israeli-Palestinian Experience, Gilat J. Bachar
Chicago-Kent Law Review
Procedural barriers which limit individuals’ ability to bring lawsuits—like conditioning litigation upon the provision of a bond—are a subtle way to reduce the volume of tort litigation. The use of such procedural doctrines often spares legislatures from the need to debate the substance of legal rights, especially when those rights are politically controversial. This Article presents a case study of this phenomenon which has escaped scholarly attention, in the intriguing context of the Israeli-Palestinian Conflict. On the books, a unique mechanism enables non-Israeli citizen Palestinians of the West Bank and Gaza Strip to bring civil actions for damages against Israel …
Lcsh In The Southern Levant, Steven W. Holloway
Lcsh In The Southern Levant, Steven W. Holloway
Libraries
The article demonstrates how Library of Congress Subject Headings (LCSH) geographic headings for the Southern Levant mirror the political investment of Congress and the American public in Middle East politics over the last thirty years. The headings’ evolution as well as Library of Congress rules governing their creation is charted in detail. These LCSH headings contrast markedly with those established in other national libraries (BnF, DNB) and independent value vocabularies (TGN, GeoNames), and global opinion regarding the legal status of the occupied territories. I sketch the historical context of their formation and offer suggestions as to how libraries can “decolonize” …
Containing Iran And Maintaining Legitimacy, Peter Margulies
Containing Iran And Maintaining Legitimacy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Israel And Palestine- An Analysis Of The 2014 Israel-Gaza War From A Genocidal Perspective, Shannon M. Culverwell
Israel And Palestine- An Analysis Of The 2014 Israel-Gaza War From A Genocidal Perspective, Shannon M. Culverwell
Senior Honors Projects, 2010-2019
During the 2014 Israel-Gaza War, approximately 2,251 Palestinians and 73 Israelis were killed as a result of the fifty-one day long conflict. As the deadliest and most destructive conflict since 1948, the international community has widely condemned the actions taken by Israeli and Palestinian actors throughout the conflict. Despite international condemnation, currently the International Criminal Court (ICC) is the only institution conducting a criminal investigation into the recent conflict. Upon Palestine accession into the Rome Statute in June of 2015, the ICC opened a preliminary examination regarding alleged crimes committed in the occupied territory of Palestine since June 13, 2014. …