International Law in the Middle East
International Law in the Middle East

Author: Jean Allain

Publisher: Routledge

Published: 2017-10-24

Total Pages: 656

ISBN-13: 1351926772

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Examining international law through the lens of the Middle East, this insightful study demonstrates the qualitatively different manner in which international law is applied in this region of the world. Law is intended to produce a just society, but as it is ultimately a social construct that has travelled through a political process, it cannot be divorced from its relationship to power. The study demonstrates that this understanding shapes the notion, strongly held in the Middle East, that law is little more than a tool of the powerful, used for coercion and oppression. The author considers a number of formative events to demonstrate how the Middle East has become an underclass of the international system wherein law is applied and interpreted selectively, used coercively and, in noticeable situations, simply disregarded. International Law in the Middle East brings various narratives of history to the fore to create a wider arena in which international law can be considered and critiqued.

International Law and the Israeli-Palestinian Conflict
International Law and the Israeli-Palestinian Conflict

Author: Susan M. Akram

Publisher: Routledge

Published: 2010-12-23

Total Pages: 543

ISBN-13: 113685097X

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The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues. Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict: Palestinian refugees Jerusalem security legal and political frameworks the future of Palestine. Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators.

The Statehood of Palestine
The Statehood of Palestine

Author: John Quigley

Publisher: Cambridge University Press

Published: 2010-09-06

Total Pages:

ISBN-13: 1139491245

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Palestine as a territorial entity has experienced a curious history. Until World War I, Palestine was part of the sprawling Ottoman Empire. After the war, Palestine came under the administration of Great Britain by an arrangement with the League of Nations. In 1948 Israel established itself in part of Palestine's territory, and Egypt and Jordan assumed administration of the remainder. By 1967 Israel took control of the sectors administered by Egypt and Jordan and by 1988 Palestine reasserted itself as a state. Recent years saw the international community acknowledging Palestinian statehood as it promotes the goal of two independent states, Israel and Palestine, co-existing peacefully. This book draws on evidence from the 1924 League of Nations mandate to suggest that Palestine was constituted as a state at that time. Palestine remained a state after 1948, even as its territory underwent permutation, and this book provides a detailed account of how Palestine has been recognized until the present day.

Justice for Some
Justice for Some

Author: Noura Erakat

Publisher: Stanford University Press

Published: 2019-04-23

Total Pages: 405

ISBN-13: 1503608832

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“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

Toward an Islamic Reformation
Toward an Islamic Reformation

Author: Abdullahi Ahmed An Na'im

Publisher: Syracuse University Press

Published: 1996-07-01

Total Pages: 276

ISBN-13: 9780815627067

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Toward an Islamic Reformation is an ambitious attempt to modernize Islamic law, calling for reform of the historical formulations of Islamic law, commonly known as Shari'a that is perceived by many Muslims to be part of the Islamic faith. As a Muslim, Abdullahi Ahmed An-Na'im is sensitive to and appreciative of the delicate relationship between Islam as a religion and Islamic law. Nevertheless, he considers that the questions raised here must be resolved if the public law of Islam is to be implemented today. An-Na'im draws upon the teachings and writings of Sudanese reformer Mahmoud Mohamed Taha to provide what some have called the intellectual foundations for a total reinterpretation of the nature and meaning of Islamic public law.

Introduction to Middle Eastern Law
Introduction to Middle Eastern Law

Author: Chibli Mallat

Publisher: OUP Oxford

Published: 2007-07-12

Total Pages: 2227

ISBN-13: 0191021725

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This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern Law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.

Climate Change Law and Policy in the Middle East and North Africa Region
Climate Change Law and Policy in the Middle East and North Africa Region

Author: Damilola S. Olawuyi

Publisher: Routledge

Published: 2021-07-28

Total Pages: 230

ISBN-13: 1000423077

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Climate Change Law and Policy in the Middle East and North Africa Region provides an in-depth and authoritative examination of the guiding principles of climate change law and policy in the MENA region. This volume introduces readers to the latest developments in the regulation of climate change across the region, including the applicable legislation, institutions, and key legal innovations in climate change financing, infrastructure development, and education. It outlines participatory and bottom-up legal strategies—focusing on transparency, accountability, gender justice, and other human rights safeguards—needed to achieve greater coherence and coordination in the design, approval, financing, and implementation of climate response projects across the region. With contributions from a range of experts in the field, the collection reflects on how MENA countries can advance existing national strategies around climate change, green economy, and low carbon futures through clear and comprehensive legislation. Taking an international and comparative approach, this book will be of great interest to students, scholars, and practitioners who work in the areas of climate change, environmental law and policy, and sustainable development, particularly in relation to the MENA region.

Experimental Legal Education in a Globalized World
Experimental Legal Education in a Globalized World

Author: Mutaz Qafisheh

Publisher: Cambridge Scholars Publishing

Published: 2016-06-22

Total Pages: 540

ISBN-13: 144389544X

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Legal education is currently undergoing a paradigm shift. Traditional law instruction, lecturing and memorizing have become a fading fashion, with legal clinics increasingly cropping up. These allow law students to practice while studying and to contribute to social justice as part of the educational process. Students no longer accept one-way interaction from their professors, and demand interaction with their peers in various corners of the globe. The Middle East is no exception here. Legal clinics can be found in most countries of the region, though there is scant literature on legal education in the area, particularly with regards to clinical legal education. This book fills this gap, and offers comparative cases that will benefit legal educators and justice practitioners in the Middle East and beyond. The region needs reform in all dimensions, including the political, economic, social, religious, legal, and educational. Legal education lies at the heart of securing such long awaited reforms. The book examines legal education within selected locations in the region, underscoring successful pedagogical models from various parts of the world. This peer-reviewed book focuses on practical legal education, where learning is student-centered, particularly clinical legal education, field work, street law, pro bono service, legal advice, simulations, placements/internships, moot courts and mock trials, problem-based learning, case analysis, group work, role-play, and brainstorming. The book brings together 28 chapters written by leading legal scholars from across the globe, all concerned with the advancement of legal education, with making it more interactive, and contributing to bridging the gap between powerful and powerless communities.

The Iran-UAE Gulf Islands Dispute
The Iran-UAE Gulf Islands Dispute

Author: Charles L.O. Buderi

Publisher: BRILL

Published: 2018-05-15

Total Pages: 941

ISBN-13: 9004236198

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In The Iran-UAE Gulf Islands Dispute, Charles Buderi and Luciana Ricart take the reader on a journey through centuries of Gulf history and evolving principles of international law on territorial disputes to reach conclusions over the rightful sovereign of three Gulf islands – Abu Musa and the Tunbs – claimed by both Iran and the United Arab Emirates. Drawing on a wide range of scholarly works and archival documents from sources as diverse as the Dutch East India Company, the Ottoman Empire and the British Government, Buderi and Ricart analyze historical events from antiquity up to modern times. Ultimately, the authors reach conclusions on the ownership of the islands under international law which challenge the positions of both parties.