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Full-Text Articles in Law
Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley
Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley
Michigan Journal of International Law
This article analyzes the permissibility of such a derogation under the Covenant and under general international law. Part I of this article outlines the historical development of Israel's declaration of a continuous state of emergency and its justification for detention without trial. Part II examines international rules on detention and derogation. Part III establishes a standard for declaring a state of emergency and applies this standard to Israel's declaration, with respect both to Israel's own territory and to the Palestinian territories occupied by Israel. Finally, Part IV inquires whether Israel will apply the Covenant as a matter of domestic law.
The Legal Effects Of The Israeli-Plo Declaration Of Principles: Steps Toward Statehood For Palestine, Kathryn M. Mckinney
The Legal Effects Of The Israeli-Plo Declaration Of Principles: Steps Toward Statehood For Palestine, Kathryn M. Mckinney
Seattle University Law Review
This Comment argues that the Declaration of Principles falls short of establishing a state of Palestine during the interim period provided for in the Declaration. However, this Comment presents the possibility that a state of Palestine will be established after the interim period. If a state of Palestine is established, it will have an effect on current United States law regarding Palestine and the PLO's sovereign immunity and standing to sue. The Declaration of Principles presents an opportunity to reevaluate the traditional view of Palestine. This Comment examines the Israeli-PLO Declaration of Principles and its effect on the changing legal …