The Struggle For Land Under Israeli Law

Author : Hadeel S. Abu Hussein
Publisher : Routledge
ISBN 13 : 1000486052
Total Pages : 181 pages
Book Rating : 4.56/5 ( download)

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Download or read book The Struggle for Land Under Israeli Law written by Hadeel S. Abu Hussein and published by Routledge. This book was released on 2021-11-29 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive examination of land law for Arab Palestinians under Israeli law. Land is one of the core resources of human existence, development and activity. Therefore, it is also a key basis of political power and of social and economic status. Land regimes and planning regulations play a dynamic role in deciding how competing claims over resources will be resolved. According to legal geography, spatial ordering impacts legal regimes; whilst legal rules form social and human space. Through the lenses of international law, colonisation and legal geography, the book examines the land regime in Israel. More specifically, it endeavours to understand the spatial strategies adopted by Israel to organise the entire territorial expanse of the country as Jewish, while also excluding Arab Palestinian citizens of Israel and residents of East Jerusalem from the landscape. The book then details how the systematic nature and processes of marginalisation are mapped out across the civil, political and socio-economic landscape. This monograph will be of interest to international legal theorists, legal geographers, land lawyers and human rights practitioners and students; as well as to international scholars, NGOs and others focusing on the Israeli–Palestinian conflict.

Author : Yifat Holzman-Gazit
Publisher : Routledge
ISBN 13 : 131710837X
Total Pages : 218 pages
Book Rating : 4.75/5 ( download)

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Download or read book Land Expropriation in Israel written by Yifat Holzman-Gazit and published by Routledge. This book was released on 2016-04-22 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, Israel's Supreme Court has failed to limit the state's powers of expropriation and to protect private property. This book argues that the Court's land expropriation jurisprudence can only be understood against the political, cultural and institutional context in which it was shaped. Security and economic pressures, the precarious status of the Court in the early years, the pervading ethos of collectivism, the cultural symbolism of public land ownership and the perceived strategic and demographic risks posed by the Israeli Arab population - all contributed to the creation of a harsh and arguably undemocratic land expropriation legal philosophy. This philosophy, the book argues, was applied by the Supreme Court to Arabs and Jews alike from the creation of the state in 1948 and until the 1980s. The book concludes with an analysis of the constitutional change of 1992 and its impact on the legal treatment of property rights under Israeli law.

Author : Michael Sfard
Publisher : Metropolitan Books
ISBN 13 : 1250122708
Total Pages : 528 pages
Book Rating : 4.04/5 ( download)

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Download or read book The Wall and the Gate written by Michael Sfard and published by Metropolitan Books. This book was released on 2018-01-23 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A farmer from a village in the occupied West Bank, cut off from his olive groves by the construction of Israel’s controversial separation wall, asked Israeli human rights lawyer Michael Sfard to petition the courts to allow a gate to be built in the wall. While the gate would provide immediate relief for the farmer, would it not also confer legitimacy on the wall and on the court that deems it legal? The defense of human rights is often marked by such ethical dilemmas, which are especially acute in Israel, where lawyers have for decades sought redress for the abuse of Palestinian rights in the country’s High Court―that is, in the court of the abuser. [This book] chronicles this struggle―a story that has never before been fully told― and in the process engages the core principles of human rights legal ethics. [The author] recounts the unfolding of key cases and issues, ranging from confiscation of land, deportations, the creation of settlements, punitive home demolitions, torture, and targeted killings―all actions considered violations of international law. In the process, he lays bare the reality of the occupation and the lives of the people who must contend with that reality. He also exposes the surreal legal structures that have been erected to put a stamp of lawfulness on an extensive program of dispossession. Finally, he weighs the success of the legal effort, reaching conclusions that are no less paradoxical than the fight itself."--

Author : Omer Bartov
Publisher : Berghahn Books
ISBN 13 : 1800731302
Total Pages : 454 pages
Book Rating : 4.01/5 ( download)

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Download or read book Israel-Palestine written by Omer Bartov and published by Berghahn Books. This book was released on 2021-09-17 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conflict between Israel and Palestine has raised a plethora of unanswered questions, generated seemingly irreconcilable narratives, and profoundly transformed the land’s physical and political geography. This volume seeks to provide a deeper understanding of the links between the region that is now known as Israel and Palestine and its peoples—both those that live there as well as those who relate to it as a mental, mythical, or religious landscape. Engaging the perspectives of a multidisciplinary, international group of scholars, it is an urgent collective reflection on the bonds between people and a place, whether real or imagined, tangible as its stones or ephemeral as the hopes and longings it evokes.

Author : Shlomo Sand
Publisher : Verso Books
ISBN 13 : 1844679462
Total Pages : 305 pages
Book Rating : 4.61/5 ( download)

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Download or read book The Invention of the Land of Israel written by Shlomo Sand and published by Verso Books. This book was released on 2012-11-20 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is a homeland and when does it become a national territory? Why have so many people been willing to die for such places throughout the twentieth century? What is the essence of the Promised Land? Following the acclaimed and controversial The Invention of the Jewish People, Shlomo Sand examines the mysterious sacred land that has become the site of the longest-running national struggle of the twentieth and twenty-first centuries. The Invention of the Land of Israel deconstructs the age-old legends surrounding the Holy Land and the prejudices that continue to suffocate it. Sand’s account dissects the concept of “historical right” and tracks the creation of the modern concept of the “Land of Israel” by nineteenth-century Evangelical Protestants and Jewish Zionists. This invention, he argues, not only facilitated the colonization of the Middle East and the establishment of the State of Israel; it is also threatening the existence of the Jewish state today.

Author : Yifat Holzman-Gazit
Publisher : Routledge
ISBN 13 : 1317108361
Total Pages : 235 pages
Book Rating : 4.68/5 ( download)

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Download or read book Land Expropriation in Israel written by Yifat Holzman-Gazit and published by Routledge. This book was released on 2016-04-22 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, Israel's Supreme Court has failed to limit the state's powers of expropriation and to protect private property. This book argues that the Court's land expropriation jurisprudence can only be understood against the political, cultural and institutional context in which it was shaped. Security and economic pressures, the precarious status of the Court in the early years, the pervading ethos of collectivism, the cultural symbolism of public land ownership and the perceived strategic and demographic risks posed by the Israeli Arab population - all contributed to the creation of a harsh and arguably undemocratic land expropriation legal philosophy. This philosophy, the book argues, was applied by the Supreme Court to Arabs and Jews alike from the creation of the state in 1948 and until the 1980s. The book concludes with an analysis of the constitutional change of 1992 and its impact on the legal treatment of property rights under Israeli law.

Author : Ḥusayn Abū Ḥusayn
Publisher : Zed Books
ISBN 13 : 9781842771235
Total Pages : 338 pages
Book Rating : 4.3X/5 ( download)

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Download or read book Access Denied written by Ḥusayn Abū Ḥusayn and published by Zed Books. This book was released on 2003-09 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how Israeli land policy today inhibits access to land for its own Arab citizens even within the 1948 boundaries of the state of Israel. Its authors explore the system of land ownership, the acquisition and administration of public land, and the control of land use through planning and housing regulations. They argue that the law is used to discriminate against non-Jewish citizens and restrict Israeli Palestinians' access to land, and that Israeli land policies breach international human rights standards which could be used as a basis to challenge discriminatory policies.

Author : Noura Erakat
Publisher : Stanford University Press
ISBN 13 : 1503608832
Total Pages : 405 pages
Book Rating : 4.32/5 ( download)

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Download or read book Justice for Some written by Noura Erakat and published by Stanford University Press. This book was released on 2019-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

Author : Ari Shavit
Publisher : Random House
ISBN 13 : 0812984641
Total Pages : 482 pages
Book Rating : 4.44/5 ( download)

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Download or read book My Promised Land written by Ari Shavit and published by Random House. This book was released on 2013-11-19 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY THE NEW YORK TIMES BOOK REVIEW AND THE ECONOMIST Winner of the Natan Book Award, the National Jewish Book Award, and the Anisfield-Wolf Book Award An authoritative and deeply personal narrative history of the State of Israel, by one of the most influential journalists writing about the Middle East today Not since Thomas L. Friedman’s groundbreaking From Beirut to Jerusalem has a book captured the essence and the beating heart of the Middle East as keenly and dynamically as My Promised Land. Facing unprecedented internal and external pressures, Israel today is at a moment of existential crisis. Ari Shavit draws on interviews, historical documents, private diaries, and letters, as well as his own family’s story, illuminating the pivotal moments of the Zionist century to tell a riveting narrative that is larger than the sum of its parts: both personal and national, both deeply human and of profound historical dimension. We meet Shavit’s great-grandfather, a British Zionist who in 1897 visited the Holy Land on a Thomas Cook tour and understood that it was the way of the future for his people; the idealist young farmer who bought land from his Arab neighbor in the 1920s to grow the Jaffa oranges that would create Palestine’s booming economy; the visionary youth group leader who, in the 1940s, transformed Masada from the neglected ruins of an extremist sect into a powerful symbol for Zionism; the Palestinian who as a young man in 1948 was driven with his family from his home during the expulsion from Lydda; the immigrant orphans of Europe’s Holocaust, who took on menial work and focused on raising their children to become the leaders of the new state; the pragmatic engineer who was instrumental in developing Israel’s nuclear program in the 1960s, in the only interview he ever gave; the zealous religious Zionists who started the settler movement in the 1970s; the dot-com entrepreneurs and young men and women behind Tel-Aviv’s booming club scene; and today’s architects of Israel’s foreign policy with Iran, whose nuclear threat looms ominously over the tiny country. As it examines the complexities and contradictions of the Israeli condition, My Promised Land asks difficult but important questions: Why did Israel come to be? How did it come to be? Can Israel survive? Culminating with an analysis of the issues and threats that Israel is currently facing, My Promised Land uses the defining events of the past to shed new light on the present. The result is a landmark portrait of a small, vibrant country living on the edge, whose identity and presence play a crucial role in today’s global political landscape. Praise for My Promised Land “This book will sweep you up in its narrative force and not let go of you until it is done. [Shavit’s] accomplishment is so unlikely, so total . . . that it makes you believe anything is possible, even, God help us, peace in the Middle East.”—Simon Schama, Financial Times “[A] must-read book.”—Thomas L. Friedman, The New York Times “Important and powerful . . . the least tendentious book about Israel I have ever read.”—Leon Wieseltier, The New York Times Book Review “Spellbinding . . . Shavit’s prophetic voice carries lessons that all sides need to hear.”—The Economist “One of the most nuanced and challenging books written on Israel in years.”—The Wall Street Journal

Author : Morad Elsana
Publisher : Routledge
ISBN 13 : 0429593929
Total Pages : 152 pages
Book Rating : 4.25/5 ( download)

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Download or read book Indigenous Land Rights in Israel written by Morad Elsana and published by Routledge. This book was released on 2020-11-29 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing the Negev–Bedouin land issue from the international indigenous land rights perspective, this comparative study suggests options for the recognition of their land. The book demonstrates that the Bedouin land dispossession, like many indigenous peoples’, progressed through several phases that included eviction and displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouin’s traditional land rights. Examining the Mawat legal doctrine on which the State and the Court rely on to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and shows how the limitations of this law prevent any meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines’ land in Australia is introduced as an example of indigenous peoples' successful struggle for their traditional land rights. The final chapter analyzes the basic elements of judicial recognition of the land and shows that the basic elements needed for Bedouin land recognition exist in the Israeli legal system. Proposing practical recommendations for the recognition of Bedouin land, this volume is a key resource to scholars and students interested in land rights, international law, comparative studies, and the Middle East.