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Review of Qafisheh's Book on Nationality

International & Comparative Law Quarterly

You can read my review of Mutaz Qafisheh's new book The International Foundations of Palestinian Nationality: A Legal Examination of Nationality in Palestine under Britain's Rule published by Martinus Nijhoff Publishers in Leiden in 2008 in the ICLQ here.

  • The International Foundations of Palestinian Nationality: A Legal Examination of Nationality in Palestine under Britain's Rule - ICLQ Review

    The Legality of the West Bank Wall: Israel's High Court of Justice v. the International Court of Justice

    Vanderbilt Journal of Transnational Law

    This Article offers a critique of the decision reached by Israel's High Court of Justice in the Mara'abe Case (2005) as well as some aspects of the International Court of Justice's Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004). The Article takes a socio-legal approach to analyzing the decisions' discussions of settlements, self-determination, and self-defense, examining all three topics in light of several recent legal and political developments.

  • Read the whole article - PDF format

    The Use and Abuse of Self-Defence in International Law: The Israel-Hezbollah Conflict as a Case Study

    Yearbook of Islamic and Middle Eastern Law

    This article argues that Israel's bombardment and invasion of Lebanon in July 2006 would more accurately be described as an act of aggression contrary to the purposes and principles of the UN Charter and customary international law rather than an act of self-defence. Even if Israel had invoked the needle-prick or cumulative events theory of self-defence, which it has done in the past and which has been considered on occasion by the ICJ, the actions of Israel's Armed Forces would still not be justified. Nor, for that matter, would Israel's actions in the Lebanon meet the Caroline test on the question of necessity, immanency and proportionality. In this respect, the customary international law principles of necessity and proportionality are a useful yardstick by which to assess whether a State's recourse to armed force is defensive or not. It is further argued that the ICJ's dicta in the Nicaragua case that a frontier incident does not amount to an armed attack triggering the applicability of Article 51 of the UN Charter is both logical and reasonable.

  • Read the whole article - PDF format

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    “This is an elegant and forceful narrative by a young Palestinian scholar.”

    — Boutros Boutros-Ghali, Former Secretary-General of the United Nations (1992-1997)

    From Coexistence to Conquest

    Read more advance praise for From Coexistence to Conquest: International Law and the Origins of the Arab-Israeli Conflict 1891-1949

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