scholarly journals Palestinian citizenship: past, present, future

2020 ◽  
pp. 31-45
Author(s):  
V. L. Tolstykh ◽  
J. Aasi
Keyword(s):  
Comparative Method ◽  
Customary Law ◽  
Political Connection ◽  
Palestinian Authority ◽  
Historical Method ◽  
Palestinian Territories ◽  
Diplomatic Protection ◽  
The Status ◽  
Occupied Territories ◽  
The Right

INTRODUCTION. The article deals with the evolution of the Palestinian citizenship and the possibility of its development under the occupation of the Palestinian territories. Citizenship is a classic institution of public law and is perceived in a similar way in various legal systems. In this case, however, there is a very special phenomenon, the content of which is due to a number of historical, political and international legal factors.MATERIALS AND METHODS. The research is based on the analysis of Balfour Declaration 1917, UN Partition Plan for Palestine 1947, Agreement Oslo II 1995, Articles on Nationality of Natural Persons in relation to the Succession of States (ILC, 1999), Articles on Diplomatic Protection (ILC, 2006), Israeli law governing the status of Palestinians, nationality laws of the Arab states, political and regulatory acts of Palestinian institutions. The research methods include historical method, methods of formal logic, comparative method and various methods of interpretation. A significant part of the research is a comparison of positions of Israeli and Palestinian lawyers, as well as an analysis of various options for the development of the Palestinian citizenship.RESEARCH RESULTS. Currently, the status of residents of the occupied territories is determined by the Oslo II Agreement of 1995: the administrative powers are delegated to the Palestinian Authority; Israel retains the right of control. The resident status is not equivalent to the status of a citizen and is sui generis. This status implies a number of Israel’s obligations: to end it and provide a citizenship to Palestinians; recognize its international elements; transfer more powers to Palestinian institutions. The lack of regular citizenship makes it difficult for Palestinians to enjoy diplomatic protection from Palestinian institutions.DISCUSSION AND CONCLUSIONS. Presently, there are conditions for the establishment (declaration) of the Palestinian citizenship, which would fix a political connection sui generis, implying the rights of Palestinians to participate in administration of the occupied territories, their membership in a nation striving for self-determination, the right of Palestinian institutions to provide diplomatic and other protection, etc. This citizenship should be provided automatically, since it involves not naturalization, but consideration of existing social and vital ties of Palestinians to their people. The solution of the problem of diplomatic protection may consist in the development of customary law and the search for new tools, for example, protection on the part of international organizations. 

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

scholarly journals The International Criminal Court and Israel’s Acts in the Occupied Territories: Progress and Prospects

2021 ◽  
Vol 23 (Summer 2021) ◽  
pp. 69-92
Author(s):  
Yücel Acer
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Preliminary Investigation ◽  
Trial Chamber ◽  
Criminal Court ◽  
The State ◽  
Palestinian Territories ◽  
The Status ◽  
Occupied Territories ◽  
Party State

Following the request of Palestine as a Party-State to the Status of the International Criminal Court, the Prosecutor decided to start a preliminary investigation into the situation of Palestine. The preliminary investigation resulted in a request from the Prosecutor to the Pre-Trial Chamber I for clarification of the Court’s jurisdiction in relation to the occupied territories of Palestine. Many significant issues concerning the status of Palestine as a State and its legal borders were raised during the preliminary investigation, both by the Prosecutor and during the examination of the Chamber. Although both the Prosecutor and the Chamber have approved that the Court has jurisdiction over the Palestinian territories, including those occupied by Israel, the prospect for the success of the trials by the Court depends on the cooperation of the international community as a whole and the State-parties to the ICC Status.

scholarly journals المركز القانوني للأراضي الفلسطينية المحتلة

2018 ◽  
Vol 3 (1) ◽  
pp. 35-49
Author(s):  
Ahmed A. A. Shehab ◽  
Nurazmallail Marni
Keyword(s):  
United Nations ◽  
Legal Status ◽  
Geneva Convention ◽  
Main Question ◽  
Palestinian Authority ◽  
Political Obligations ◽  
Palestinian Territories ◽  
Occupied Territories ◽  
International Conventions ◽  
Palestinian Question

The legal status of The Occupied Palestinian Territories is a very complicated issue. Therefore, defining the legal status is considered as an introduction which helps determine the legal liability, the legal and political obligations as well as the consequences of such obligations. This study answers some sub-questions besides the following main question: What is the legal status of The Palestinian Territories? This study adopts a mixed-method design: the first is the historical approach which helps to highlight the roots of historical Palestinian Question and follow the political developments in Palestinian territories. The second approach is the descriptive analytical approach which is helpful in analyzing the Legislation and International Conventions and the UN reports. The study aims at defining and clarifying the legal status of the Palestinian territories, and the legal and political obligations and consequences during three periods of time: time prior to Oslo Convention, post establishing Palestinian Authority and the time after Palestine became a non-member observer of the United Nations. The main findings of the study can be summarized as follows: First, the different legal description of the Palestinian territories does not affect the legal status and the direct responsibility of Israeli occupation on the occupied territories, considering it as occupied territories. Second, there is no legal value or effect to Israel's refusal to implement the provisions of Geneva Conventions because Israel is a member of these conventions and it is obliged to apply them. Third, violating conventions is a reason for the international responsibility against Israel. This is apart from the fragility of the Israeli position on applicability of the Fourth Geneva Convention on the occupied Palestinian territories in accordance to the legal charters that are established by the international law. This is also the opinion of international community in accordance to the resolutions of United Nations and various international organizations.  يعد الوضع القانوني في الأراضي الفلسطينية المحتلة معقد ا ج د ا، لذلك فإن تعريف المركز القانوني يعتبر مدخلا لتحديد المسؤولية القانونية والالتزامات القانونية والسياسية، وما يبنى عليها من آثار. وتجيب الدراسة على مجموعة من الأسئلة الفرعية، وعلى السؤال الرئيسي: ما هوالمركز القانوني للأراضي الفلسطينية المحتلة؟، وقد اعتمد الباحث في دراسته على منهاج مختلط، منهجين: أولاهما هو المنهج التاريخي: ومن خلاله يمكن الرجوع إلى جذور القضية الفلسطينية التاريخية وتتبع التطورات السياسية في الأراضي الفلسطينية، وثانيهما هو المنهج الوصفي التحليلي: وذلك عبر تحليل التشريعات والمواثيق الدولية والتقارير الأممية ذات الصلة. وتهدف الدراسة إلى تعريف وايضاح المركز القانوني للأراضي الفلسطينية، و الآثار والالتزامات القانونية والسياسية، وفقا لتقسيم زماني على فترات ثلاث، وهي أولا : ما قبل اتفاقية أوسلو، ثاني ا : ما بعد قيام السلطة الفلسطينية، ثالث ا :ما بعد نيل فلسطين صفة مراقب غير عضو في الأمم المتحدة. ويمكن تلخيص أهم ما توصلت إليه الدراسة فيما يلي : أولا : أن اختلاف الوصف القانوني للأراضي الفلسطينية لا يؤثر في مركزها القانوني والمسؤولية المباشرة للاحتلال الإسرائيلي عن الأراضي الفلسطينية، واعتبارها أرا ض محتلة، ثاني ا : أنه لا قيمة أو أثر قانوني لموقف إسرائيل الرافض لتطبيق أحكام اتفاقيات جنيف لكون إسرائيل دولة طرف في هذه الاتفاقيات وبالتالي هي ملزمة بتطبيقها، ثالث ا : أن انتهاك الاتفاقية يعد سببا لقيام المسؤولية الدولية بحق إسرائيل، بالإضافة لهشاشة الموقف الإسرائيلي بشأن انطباق اتفاقية جنيف الرابعة على الأراضي الفلسطينية المحتلة، طبقا للأسانيد القانونية التي أرساها القانون الدولي، وهذا هو الرأي المعتمد من قبل المجتمع الدولي، بموجب القرارات الصادرة عن الأمم المتحدة والهيئات الدولية المختلفة

PRAVNI OKVIRI EKONOMSKOG KORIŠĆENjA KASPIJSKOG MORA

2021 ◽  
pp. 83-98
Author(s):  
Milan Palević ◽  
Keyword(s):  
Comparative Method ◽  
Legal Aspect ◽  
Geographical Area ◽  
Legal Framework ◽  
International Agreements ◽  
International Treaties ◽  
Historical Method ◽  
Economic Exploitation ◽  
The Status

The main goal of this research is to present the legal framework that determines the manner and scope of exploitation of natural resources in the Caspian region. This goal was achieved by analyzing the relevant international agreements applied in this geographical area, using the historical method. Then, the relevant international agreements and customs that are applied to the status issues of the sea and lakes, which are important for defining the legal regime of reference for regulating the use of these waters and their resources, are analyzed. In this part of the analysis, a comparative method was mostly used, which compared the provisions contained in universal international treaties with the provisions contained in regional international treaties. The main results of the research, in the part related to the status determination of the Caspian water basin, is that none of the known concepts for determining the status can be fully applied to it, that it contains elements of the closed sea, and elements of the border lake and elements condominium, and that all this together potentially represents elements of a new unique concept. In the part of the paper that refers to the legal framework of exploitation of the observed area, the main conclusion is that the most reference norms for its determination are contained in regional instruments that regulate the issue of environmental protection because they direct the manner and scope of economic exploitation. The limitations of this research are first of all that of several aspects of the status determination of the observed area, it is limited only to the legal aspect, and that it is limited to the analysis of the impact of environmental norms on the subject of research.

PROBLEMS AND PROSPECTS FOR THE ESTABLISHMENT OF A PALESTINIAN STATE IN THE INTERNATIONAL CONTEXT (AMERICAN AND EUROPEAN APPROACHES)

2020 ◽  
Vol 10 (6) ◽  
pp. 63-70
Author(s):  
MAHMOUD AHMAD RABAYA FUAD ◽  
Keyword(s):  
United States ◽  
The United States ◽  
International Community ◽  
Negotiation Process ◽  
The European Union ◽  
Palestinian Authority ◽  
The Us ◽  
The Status ◽  
Occupied Territories ◽  
The Creation

The urgency of the issue is determined by the disregard of the international community, especially the United States and its allies, of the will of the Palestinian people to create their own state. The article is devoted to the problem of creating a sovereign Palestinian state. Palestine currently remains a hostage of intermediary States, especially the United States, which does not allow direct negotiations with Israel on the return of the occupied territories, the solution of the refugee issue, the regulation of the status of Jerusalem, and other problems. The Palestinian authority does not have state sovereignty as an integral state entity. The author, after analyzing various projects on the settlement of the Palestinian-Israeli conflict, comes to a disappointing conclusion that it is impossible to achieve the goal of creating a Palestinian state through the assistance of the international community, primarily the United States and the European Union. Due to the current circumstances, it is not possible to hold direct Palestinian-Israeli negotiations. As a conclusion, it is noted that the us monopoly influence on the negotiation process is not productive. To solve this problem, we need a wider range of intermediaries, including international organizations, global and regional actors. Success is possible if the leadership of Israel is inclined to compromise, agreement is reached in Israeli society on the creation of a Palestinian state, and internal contradictions are overcome in the Palestinian society, first of all, the intra-elite split, which further pushes the prospect of the creation of a state of Palestine. The work is based on General scientific research methods and works of Russian and foreign researchers. Empirical data are taken from open sources.

Water development in the Palestinian Territories since the Oslo Interim Agreement in 1995

Water Policy ◽  
2009 ◽  
Vol 11 (5) ◽  
pp. 525-536 ◽  
Author(s):  
Alice Gray
Keyword(s):  
West Bank ◽  
Sewage Treatment ◽  
Water Shortage ◽  
Water Sector ◽  
Palestinian Authority ◽  
The West ◽  
Water Development ◽  
Palestinian Territories ◽  
Occupied Territories ◽  
Effective Development

When the Palestinian Authority took control of the water sector in the occupied territories in 1995, they inherited an enormous challenge in terms of providing adequate water supplies and sanitation to the Palestinian population. Since the signing of the Oslo Interim Agreement in 1995, despite the prioritization of water development and large amounts of international funding, progress has been slow and many communities in the West Bank continue to suffer from acute water shortage, while in Gaza water quality continues to deteriorate at an alarming rate. Sewage treatment infrastructure throughout the Palestinian Territories is still grossly inadequate. This lack of progress is in part due to deteriorating security conditions which have made implementation of development projects problematic, but it also owes a great deal to the constraints of the ongoing military occupation and the inadequacy of existing agreements with Israel which impede Palestinians from assuming full sovereignty over their water sector, preventing effective development. Since the election of Hamas in 2006, complications over the supply of international aid to the Palestinian Authority both in Gaza and the West Bank has threatened to undermine such progress as has been made in developing the capacity of Palestinian institutions to manage water in the occupied territories, and is contributing to the precipitation of a humanitarian and environmental catastrophe.

scholarly journals KEDUDUKAN PEREMPUAN HINDU MENURUT HUKUM WARIS ADAT BALI DALAM PERSPEKTIF KESETARAAN GENDER

2017 ◽  
Vol 1 (2) ◽  
pp. 618
Author(s):  
Ni Kadek Setyawati
Keyword(s):  
Gender Equality ◽  
Research Method ◽  
Customary Law ◽  
Theory Of Justice ◽  
Equal Status ◽  
The Status ◽  
Hindu Women ◽  
Charles Fourier ◽  
The Right ◽  
Feminism Theory

<p><em>The Balinese adhere to the patrilineal system, so that inherited inheritance is a boy who has grown and married, while the daughter is not an heir. The consequences of this system greatly affect the position of women in terms of inheritance. The decision of Bali Province MUDP Number 01/Kep/Psm-3/ MDP Bali/X/2010 is a progress towards the position of women as heirs.</em></p><p><em>This study aims to answer two issues: (1) how the development of inheritance rights of Hindu women in Bali customary law and (2) how the status of Hindu women according to Balinese customary law in the perspective of gender equality.</em></p><p><em>Theories used to analyze problems are the gender theory of Anne Oakley, feminism theory of Charles Fourier, and the theory of justice from Aristotle. The research method used normative research by examining a number of rules about customary law relating to the inheritance of Hindu women who have not fully gained equal status with men as stipulated in the teachings of Hinduism.</em></p><p><em>The results obtained in the period before 1900 the life of Hindu society Bali applies the absolute purusa system which only recognizes heirs is a boy, but after 1900 there has been a development with some jurisprudence and there is a decision of Majelis Utama Desa Pakraman (MUDP) which states that women have the right to inherit, even though they are only entitled to enjoy the treasure Rich parents and after marriage get a tetatadan property and for parents who are able to give the treasure for the sake of maintaining the sustainability of his life, so with the rules at least happen gender equality.</em></p><p><em>The still strong patrilineal culture prevailing in indigenous Balinese society makes the position of women not fully acknowledged, even in the case of female decision making is not taken into account. The obligations of Hindu women in family, marriage and society are not much different from men's obligation, this should be a consideration to give women the opportunity to have equal status with men, especially in the customary law of Bali.</em><em></em></p>

scholarly journals Muslim organizations in the context of state-confessional and inter-confessional relations in Ukraine

2019 ◽  
pp. 55-60
Author(s):  
Larysa Vladychenko
Keyword(s):  
Armed Forces ◽  
Religious Organizations ◽  
Religious Buildings ◽  
Annual Survey ◽  
Organizational Issues ◽  
The Status ◽  
Occupied Territories ◽  
Military Chaplaincy ◽  
The Right ◽  
Favorable Conditions

The article highlights the pressing issues of the presence of Muslim organizations in the religious field of Ukraine: simplification of the registration procedure of the statutes of religious organizations and their acquisition of the status of a legal entity; restitutionary issues (returning religious buildings to religious organizations); creation of institutional structures of military chaplaincy within the structures of the Armed Forces of Ukraine objective attitude to religious organizations and tolerant interfaith discourse; cooperation in the social sphere with religious organizations; photographing on documents to representatives of religious organizations; organizational issues related to Hajj; securing the right to religious freedom in the annexed and occupied territories of Ukraine. On the basis of a detailed analysis of the statistics of religious organizations and the annual survey materials of the Razumkov Center, it is concluded that generally favorable conditions for all citizens in the right to profess their religion, in the protection of this right by the legislation of Ukraine, the activity of relevant state authorities. Muslims and their religious organizations enjoy the same freedoms and rights, which need to be more actively involved in resolving topical and problematic issues in relations between the state and religious organizations.

scholarly journals Port Denials and Restrictions Policies during Covid-19 Pandemic Based on International Law

2020 ◽  
Vol 07 (03) ◽  
pp. 380-399
Author(s):  
Angela Desmonda
Keyword(s):  
International Law ◽  
Customary Law ◽  
Public Facility ◽  
International Treaty ◽  
Coastal State ◽  
Special Instrument ◽  
Port Access ◽  
Treaty Law ◽  
The Status ◽  
The Right

As a public facility, port has a significant potential to be cluster of the Covid-19 spread. Many states have implemented policies of denials and restriction of port access to protect people’s health. This study aims to analyze port denials and restrictions policies settings based on international law. In addition, this study is to analyze whether the status of state of emergency will affect state’s obligations based on international law. This study was conducted by analyzing associated international treaty law and customary law. The study concludes that no international treaty law and customary law prohibit port denials and restrictions because port is under the sovereignty of respected coastal state. The state is free to implement any policies. Without any permit, foreign ships are not allowed to enter and dock at the port of the coastal state. However, in a situation of danger or distress, foreign ships have the right to enter port. The IHR 2005, as a special instrument dealing with public health, also provides an opportunity for coastal state to prevent ship embarking and disembarking passengers if the ship is exposed to a pandemic disease, such as Covid-19. In such case, foreign ship may be prohibited from entering and docking at port of coastal state. On the other hand, in a situation of danger or distress, foreign ship has the right to enter port. In contrast, the 1923 Port Convention gave permission to state to close ports in urgent situation that endangered national security.

The Framework of the Right to Defence in Palestine: Legal Rationale and Practical Implementation

2014 ◽  
Vol 14 (6) ◽  
pp. 1150-1176
Author(s):  
Julia Rutz*
Keyword(s):  
Rule Of Law ◽  
Practical Implementation ◽  
Legal Aid ◽  
The Rule Of Law ◽  
Palestinian Territories ◽  
Legal Situation ◽  
The Status ◽  
Recent Developments ◽  
The Right ◽  
Current Rule

Despite Palestine’s endeavour to seek full UN membership and herewith gain the support of the international community, strong tendencies towards violating basic fair trial principles can be observed on the ground. This article provides an in-depth exploration of the current Rule of Law building efforts in the occupied Palestinian Territories by an exemplary analysis of the status of the right to defence. The study examines the legal situation of the right to defence in Palestine and how those regulations are interpreted and applied in everyday practice. Considering recent developments of access to legal defence and legal aid on the UN and EU level, this article demonstrates the importance of granting comprehensive access to defence as part of the rule of law building efforts, and also underlines the necessity of its application during the early stages of criminal procedure.

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