scholarly journals Palestinian Refugees: Host Countries, Legal Status and the Right of Return

Refuge ◽  
2003 ◽  
pp. 89-95
Author(s):  
Wadie E. Said
Keyword(s):  
Middle East ◽  
Legal Status ◽  
Host Countries ◽  
Palestinian Refugees ◽  
Right Of Return ◽  
Lasting Peace ◽  
Legal Position ◽  
The Law ◽  
The Right ◽  
Precarious Legal Status

Given the Palestinian refugees’ precarious legal status in their host countries, recognition of the Palestinian right of return is not only legally viable, but also crucial for the establishment of a just and lasting peace in the Middle East. That racially driven demographic considerations have been employed up until now to derail binding and directly applicable laws and practices, as well as keep the refugees in a state of legal limbo in their host countries, cuts to the heart of the fundamental injustice currently plaguing the Middle East. No amount of obfuscating the facts and the law can tarnish the applicability and relevance of the right of return, and Palestinian refugees and their advocates remain in both a strong moral and legal position to continue to call for the recognition of that right.

scholarly journals Humanitarian Dilemmas for the Palestinian Refugees & the Question of Return

2021 ◽  
Author(s):  
Lina Smoum
Keyword(s):  
Human Rights ◽  
Political Climate ◽  
Host Countries ◽  
Internally Displaced ◽  
Palestinian Refugees ◽  
Right Of Return ◽  
The Right ◽  
Palestinian Population ◽  
Palestinian Nationalism ◽  
Refugee Experience

This paper examines the situation of Palestinian refugees who have been living in Arab host countries as a result of the 1948 and 1967 Arab-Israeli wars. Although their right of return was recognized by the UN Commission on Human Rights, 7 million refugees and 450,000 internally displaced Palestinians continue to live under unfavourable conditions, constituting about seventy percent of the entire Palestinian population worldwide (10.1 million) (BADIL, n.d, para1). During the refugee experience, Palestinians have suffered from all kinds of human rights violations in different countries. However, they considered the denial of their right of return as the most significant source of grievance. The right of return has become a major political goal and mobilizing influence of Palestinian nationalism. In this paper, I will use Iraq as a case study to demonstrate the continued instability and discrimination that Palestinians face in host countries and difficulties for stable settlement in exile. The experience of Palestinian refugees in Iraq between 1948 and 2008 indicates that even in countries where Palestinian refugees had seemingly favourable conditions, changes in political climate and their lack of citizenship rights make life in exile a perilous experience. Recognizing the issue of return as a legal and political matter, I will argue in this paper that based on the Palestinian refugees’ experience in various Arab host countries, securing the right of return should also be seen as a viable humanitarian solution. In the case of Palestinian refugees from and in Iraq, the right of return should be considered an emergency measure.

UNRWA and the Refugees: A Difficult but Lasting Marriage

2010 ◽  
Vol 40 (1) ◽  
pp. 6-26 ◽  
Author(s):  
Jalal Al Husseini
Keyword(s):  
Community Participation ◽  
Host Countries ◽  
Palestinian Refugees ◽  
Political Constraints ◽  
Right Of Return ◽  
International Donor ◽  
Donor States ◽  
The Right

Over the last sixty years, UNRWA's relationship to the Palestinian refugees it serves has undergone profound changes. Faced with the difficult task of adapting a humanitarian regime to a highly politicized environment, the agency has had to thread its way through the diverse and sometimes conflicting expectations of the international donor states, the Arab host countries, and the refugees themselves, who from the start were deeply suspicious of UNRWA's mandate as inimical to the right of return. Against this background, the article traces the evolution of the agency's role from service and relief provider to virtual mouthpiece for the refugees on the international stage and, on an administrative level, from a disciplinary regime to emphasis on community participation and finally to the embrace of a developmental agenda. Although UNRWA's presence, originally seen as temporary, seems likely to endure, the article argues that financial and political constraints are likely to thwart its new agenda.

scholarly journals PERSAMAAN PERLAKUAN PARA PIHAK DALAM BERACARA DI KPPU DALAM PERSPEKTIF HUKUM ACARA PERADILAN INDONESIA

2016 ◽  
Vol 5 (2) ◽  
pp. 380
Author(s):  
I Made Sari
Keyword(s):  
Legal History ◽  
Legal Status ◽  
Legal Protection ◽  
Equal Treatment ◽  
Judicial Decision ◽  
Procedural Law ◽  
Procedure Code ◽  
Legal Position ◽  
The Law ◽  
The Right

The title of this research is: “The Equal Trearment of Parties in the Proceedings of the Business Competition Dupervisory Commission in the Perspective of Indonesia Procedural Law Courts. The Right to equal treatment also contains in the principle of hearing the opinions or arguments of other parties before the judge handed down the verdict; it must be carried out in the litigation. The unequal position of the parties in the hearing of the Business Competition Supervisory Commission will cause problems in seeking justice. What is the position of decision of the Business Competition Supervisory Commission in terms of the legal system of justice in Indonesia ?; and What is the legal protection against the reported party, when he/she is not getting the right to equality of treatment in the proceedings in the KPPU?. The research was a normative legal research that consisted of research on the systeamtics of law, the synchronization of law, legal history. Which resulted from the confict of law governing the legal status of the KPPU decision; and the void of law in the way of the litingants in the litigation procedure of KPPU. The results of this research showed that (1) The Legal position of Business Competition Supervisory Commission’s decision in the law of court procedure is that the decision of KPPU as a quasi judicial decision of which the law procedure is made on its own that is called Case Handing Procedures at the KPPU; in addition to the Law of Civil Procedure Code. (2) The from of legal protection for businesses as the reported party could be sacrificed because of the absence of clear rules regarding the from of the formulation of legal protection in the proceedings of the on the unequality of treatment of the reported party. Judul penelitian ini adalah: “Persamaan Perlakuan Para Pihak Dalam Beracara Di KPPU Dalam Perspektif Hukum Acara Peradilan Indonesia. Hak atas perlakuan yang sama  mengandung prinsip mendengarkan juga pendapat  atau argumentasi pihak yang lainnya sebelum hakim menjatuhkan putusan, wajib dilaksanakan dalam berpekara. Tidak seimbangnya posisi dari pihak-pihak yang berperkara dalam persidangan KPPU akan menimbulkan masalah dalam mencari keadilan. Bagaimana kedudukan Putusan Komisi Pengawas Persaingan Usaha ditinjau dari sistem hukum acara peradilan di Indonesia?; serta bagaimanakah bentuk perlindungan hukum terhadap terlapor, apabila terlapor tidak mendapatkan hak atas persamaan perlakuan dalam beracara di KPPU?. Jenis penelitian ini adalah penelitian hukum normatif mencakup penelitian terhadap sistematika hukum,  sinkronisasi hukum, sejarah hukum, yang beranjak dari konflik norma yang mengatur mengenai Kedudukan hukum putusan KPPU; dan norma kosong dalam tata cara berperkara di KPPU. Hasil penelitian ini menunjukkan bahwa (1) Kedudukan hukum putusan Komisi Pengawas Persaingan Usaha dalam hukum acara peradilan adalah putusan Komisi Pengawas Persaingan Usaha sebagai putusan quasi judicial dengan hukum acara yang dibuat sendiri yang disebut Tata Cara Penanganan Perkara di KPPU; disamping Kitab Undang - Undang Hukum Acara Perdata. (2) Bentuk  perlindungan hukum bagi pelaku usaha sebagai terlapor masih belum diatur secara tegas sehingga mengandung potensi bahwa pihak terlapor dapat dikorbankan karena ketiadaan aturan yang jelas mengenai bentuk formulasi perlindungan hukum dalam beracara di KPPU atas di korbankannya hak atas persamaan perlakuan dari terlapor.

Imagining a Solution: Final Status Arrangements and Palestinian Refugees in Lebanon

1997 ◽  
Vol 26 (2) ◽  
pp. 42-58 ◽  
Author(s):  
Rex Brynen
Keyword(s):  
Legal Status ◽  
Palestinian Refugees ◽  
Right Of Return ◽  
The Social ◽  
West Bank And Gaza ◽  
Palestinian Refugee ◽  
To Come ◽  
The Right ◽  
Palestinian Population ◽  
Research And Policy

Possible final status arrangements for the Palestinian refugee issue are explored, with emphasis on their consequences for the Palestinians in Lebanon. It is suggested that the right of return will be limited largely to the West Bank and Gaza, where it will be shaped by local economic conditions. Available compensation funds may be inadequate. Greater research and policy planning are needed in these areas. Moreover, because Lebanon will continue to host a significant Palestinian population for many years to come, both Palestinian-Lebanese dialogue and improvement in the social, economic, and legal status of the Palestinians are imperative.

scholarly journals Humanitarian Dilemmas for the Palestinian Refugees & the Question of Return

2021 ◽  
Author(s):  
Lina Smoum
Keyword(s):  
Human Rights ◽  
Political Climate ◽  
Host Countries ◽  
Internally Displaced ◽  
Palestinian Refugees ◽  
Right Of Return ◽  
The Right ◽  
Palestinian Population ◽  
Palestinian Nationalism ◽  
Refugee Experience

This paper examines the situation of Palestinian refugees who have been living in Arab host countries as a result of the 1948 and 1967 Arab-Israeli wars. Although their right of return was recognized by the UN Commission on Human Rights, 7 million refugees and 450,000 internally displaced Palestinians continue to live under unfavourable conditions, constituting about seventy percent of the entire Palestinian population worldwide (10.1 million) (BADIL, n.d, para1). During the refugee experience, Palestinians have suffered from all kinds of human rights violations in different countries. However, they considered the denial of their right of return as the most significant source of grievance. The right of return has become a major political goal and mobilizing influence of Palestinian nationalism. In this paper, I will use Iraq as a case study to demonstrate the continued instability and discrimination that Palestinians face in host countries and difficulties for stable settlement in exile. The experience of Palestinian refugees in Iraq between 1948 and 2008 indicates that even in countries where Palestinian refugees had seemingly favourable conditions, changes in political climate and their lack of citizenship rights make life in exile a perilous experience. Recognizing the issue of return as a legal and political matter, I will argue in this paper that based on the Palestinian refugees’ experience in various Arab host countries, securing the right of return should also be seen as a viable humanitarian solution. In the case of Palestinian refugees from and in Iraq, the right of return should be considered an emergency measure.

Memories for the Return? Remembering the Nakba by the First Generation of Palestinian Refugees in Syria

2017 ◽  
Vol 16 (2) ◽  
pp. 177-192 ◽  
Author(s):  
Anaheed Al-Hardan
Keyword(s):  
First Generation ◽  
Palestinian Refugees ◽  
Oslo Accords ◽  
Right Of Return ◽  
Palestinian Refugee ◽  
Temporal And Spatial ◽  
The Right ◽  
Political Realities ◽  
The Way

The 1948 Nakba has, in light of the 1993 Oslo Accords and Palestinian refugee activists' mobilisation around the right of return, taken on a new-found centrality and importance in Palestinian refugee communities. Closely-related to this, members of the ‘Generation of Palestine’, the only individuals who can recollect Nakba memories, have come to be seen as the guardians of memories that are eventually to reclaim the homeland. These historical, social and political realities are deeply rooted in the ways in which the few remaining members of the generation of Palestine recollect 1948. Moreover, as members of communities that were destroyed in Palestine, and whose common and temporal and spatial frameworks were non-linearly constituted anew in Syria, one of the multiples meanings of the Nakba today can be found in the way the refugee communities perceive and define this generation.

Unfulfilled Promise: Palestinian Family Reunification and the Right of Return

2016 ◽  
Vol 45 (3) ◽  
pp. 24-39
Author(s):  
Nabila El-Ahmed ◽  
Nadia Abu-Zahra
Keyword(s):  
United Nations ◽  
Family Reunification ◽  
The State ◽  
Early Years ◽  
Successor State ◽  
Palestinian Refugees ◽  
Right Of Return ◽  
The Family ◽  
The Creation ◽  
The Right

This article argues that Israel substituted the Palestinian refugees' internationally recognized right of return with a family reunification program during its maneuvering over admission at the United Nations following the creation of the state in May 1948. Israel was granted UN membership in 1949 on the understanding that it would have to comply with legal international requirements to ensure the return of a substantial number of the 750,000 Palestinians dispossessed in the process of establishing the Zionist state, as well as citizenship there as a successor state. However, once the coveted UN membership had been obtained, and armistice agreements signed with neighboring countries, Israel parlayed this commitment into the much vaguer family reunification program, which it proceeded to apply with Kafkaesque absurdity over the next fifty years. As a result, Palestinians made refugees first in 1948, and later in 1967, continue to be deprived of their legally recognized right to return to their homes and their homeland, and the family reunification program remains the unfulfilled promise of the early years of Israeli statehood.

scholarly journals The Legal Position and Factual Situation of Women Participation to Inheritance in Kosovo

2014 ◽  
Vol 4 (1) ◽  
pp. 271
Author(s):  
LL.M. Egzonis Hajdari
Keyword(s):  
Human Rights ◽  
Legal Aspect ◽  
Practical Situation ◽  
Practical Reality ◽  
Legal Position ◽  
The Law ◽  
The Right ◽  
Women Participation

The right to inheritance represents one of the basic human rights. As such this right is regulated by the law. The Law on Inheritance in Kosovo regulates substantially, all the issues related to inheritance. In this context, this Law contains numerous rules that proclaim full equality of women with men to inheritance.Regardless of equality proclaimed by law practical reality of life indicates a different situation. This reality proves that women participation to inheritance nevertheless is very small. The reasons for this situation are numerous and diverse, but mostly they have to deal with the still existence in people's conscience of many customary rules, which constantly treated women as a subject of second hand. In this article a modest attempt is made to reflect besides legal aspect also the practical situation indicating the degree of women participation to inheritance in Kosovo, in all grades that she may appear as heir.

scholarly journals Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Regulation ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
A Company ◽  
Authorized Capital ◽  
A Share

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

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