Law Commons^™

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

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

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 …