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Self-Determination, Statehood, and the Law of Negotiation - The Case of Palestine (Paperback)
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Self-Determination, Statehood, and the Law of Negotiation - The Case of Palestine (Paperback)
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From the Madrid Invitation in 1991 to the introduction of the Oslo
process in 1993 to the present, a negotiated settlement has
remained the dominant leitmotiv of peacemaking between Israel and
the Palestinian people. That the parties have chosen negotiations
means that either side's failure to comply with its obligation to
negotiate can result in an internationally wrongful act and, in
response, countermeasures and other responses. This monograph seeks
to advance our understanding of the international law of
negotiation and use this as a framework for assessing the
Israeli-Palestinian dispute, with the Palestinian people's
unsuccessful attempt to join the United Nations as a Member State
in autumn 2011 and the successful attempt to join the same
institution as a non-Member Observer State in November 2012
providing a case study for this. The legal consequences of these
applications are not merely of historical interest; they inform the
present rights and obligations of Israel and the Palestinian
people. This work fills a significant gap in the existing
international law scholarship on the Israeli-Palestinian dispute,
which neither engages with this means of dispute settlement
generally nor does so specifically within the context of the
Palestinian people's engagements with international institutions.
'Based on primary research, this book explores materials that were
not analyzed before. It treats a highly political issue with
scientific objectivity that strikes a balance between various
points of view. The book will be an essential reading to all those
involved in peace studies, international negotiations and
Israeli-Palestinian conflict'. Mutaz M Qafisheh, Associate
Professor of International Law, Hebron University. 'A compelling
and innovative account of the legal aspects of the
Palestinian-Israeli conflict: a must read.' Efraim Karsh, King's
College London and Bar-Ilan University, author of Palestine
Betrayed. 'A superbly imagined and executed study on Palestine that
puts the 'negotiation imperative' at the heart of its narrative,
fully interrogating the involvement of public international law at
each step of the long and layered history that is vigorously
brought to life in these pages. A study that also promises texture,
nuance, and depth to the legal analysis it offers-and it delivers
handsomely on each of these fronts.' -Dino Kritsiotis, Chair of
Public International Law & Head of the International
Humanitarian Law Unit, University of Nottingham.
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