Land Law and Policy in Israel
Land Law and Policy in Israel

Author: Haim Sandberg

Publisher: Indiana University Press

Published: 2022-07-05

Total Pages: 268

ISBN-13: 0253060478

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As one of the smallest and most densely populated countries in the world, the State of Israel faces serious land policy challenges and has a national identity laced with enormous internal contradictions. In Land Law and Policy in Israel, Haim Sandberg contends that if you really want to know the identity of a state, learn its land law and land policies. Sandberg argues that Israel's identity can best be understood by deciphering the code that lies in the Hebrew secret of Israeli dry land law. According to Sandberg, by examining the complex facets of property law and land policy, one finds a unique prism for comprehending Israel's most pronounced identity problems. Land Law and Policy in Israel explores how Israel's modern land system tries to bridge the gaps between past heritage and present needs, nationalization and privatization, bureaucracy and innovation, Jewish majority and non-Jewish minority, legislative creativity and judicial activism. The regulation of property and the determination of land usage have been the consequences of explicit choices made in the context of competing and evolving concepts of national identity. Land Law and Policy in Israel will prove to be a must-read not only for anyone interested in Israel but also for anyone who wants to understand the importance of land law in a nation's life.

Land Law and Policy in Israel
Land Law and Policy in Israel

Author: Haim Sandberg

Publisher: Indiana University Press

Published: 2022-07-05

Total Pages: 221

ISBN-13: 025306046X

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As one of the smallest and most densely populated countries in the world, the State of Israel faces serious land policy challenges and has a national identity laced with enormous internal contradictions. In Land Law and Policy in Israel,Haim Sandberg contends that if you really want to know the identity of a state, learn its land law and land policies. Sandberg argues that Israel's identity can best be understood by deciphering the code that lies in the Hebrew secret of Israeli dry land law. According to Sandberg, by examining the complex facets of property law and land policy, one finds a unique prism for comprehending Israel's most pronounced identity problems. Land Law and Policy in Israel explores how Israel's modern land system tries to bridge the gaps between past heritage and present needs, nationalization and privatization, bureaucracy and innovation, Jewish majority and non-Jewish minority, legislative creativity and judicial activism. The regulation of property and the determination of land usage have been the consequences of explicit choices made in the context of competing and evolving concepts of national identity. Land Law and Policy in Israel will prove to be a must-read not only for anyone interested in Israel but also for anyone who wants to understand the importance of land law in a nation's life.

Emptied Lands
Emptied Lands

Author: Alexandre Kedar

Publisher: Stanford University Press

Published: 2018-02-27

Total Pages: 356

ISBN-13: 1503604586

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Emptied Lands investigates the protracted legal, planning, and territorial conflict between the settler Israeli state and indigenous Bedouin citizens over traditional lands in southern Israel/Palestine. The authors place this dispute in historical, legal, geographical, and international-comparative perspectives, providing the first legal geographic analysis of the "dead Negev doctrine" used by Israel to dispossess and forcefully displace Bedouin inhabitants in order to Judaize the region. The authors reveal that through manipulative use of Ottoman, British and Israeli laws, the state has constructed its own version ofterra nullius. Yet, the indigenous property and settlement system still functions, creating an ongoing resistance to the Jewish state.Emptied Lands critically examines several key land claims, court rulings, planning policies, and development strategies, offering alternative local, regional, and international routes for justice.

The Struggle for Land Under Israeli Law
The Struggle for Land Under Israeli Law

Author: Hadeel S. Abu Hussein

Publisher: Routledge

Published: 2021-11-29

Total Pages: 181

ISBN-13: 1000486052

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This book provides a comprehensive examination of land law for Arab Palestinians under Israeli law. Land is one of the core resources of human existence, development and activity. Therefore, it is also a key basis of political power and of social and economic status. Land regimes and planning regulations play a dynamic role in deciding how competing claims over resources will be resolved. According to legal geography, spatial ordering impacts legal regimes; whilst legal rules form social and human space. Through the lenses of international law, colonisation and legal geography, the book examines the land regime in Israel. More specifically, it endeavours to understand the spatial strategies adopted by Israel to organise the entire territorial expanse of the country as Jewish, while also excluding Arab Palestinian citizens of Israel and residents of East Jerusalem from the landscape. The book then details how the systematic nature and processes of marginalisation are mapped out across the civil, political and socio-economic landscape. This monograph will be of interest to international legal theorists, legal geographers, land lawyers and human rights practitioners and students; as well as to international scholars, NGOs and others focusing on the Israeli–Palestinian conflict.

The Dynamics of Exclusionary Constitutionalism
The Dynamics of Exclusionary Constitutionalism

Author: Mazen Masri

Publisher: Bloomsbury Publishing

Published: 2017-02-23

Total Pages: 257

ISBN-13: 1509902538

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What does Israel's definition as a 'Jewish and democratic' state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in Israel? This book provides a unique and detailed examination of the consequences of the 'Jewish and democratic' definition. It explores how the definition affects the internal ordering of the state, the operation of the law, and the ways it is used to justify, protect and regenerate certain features of Israeli constitutional law. It also considers the relationship between law and settler-colonialism, and how this relationship manifests itself in the constitutional order. The Dynamics of Exclusionary Constitutionalism offers a novel perspective on the Jewish and democratic definition rooted in constitutional theory and informed by a socio-legal approach. Relying on a wide range of court cases and statutes as well as secondary sources, the book shows how the definition is deeply embedded in the constitutional structure, and operates, as a matter of law, in a manner that concentrates political power in the hands of the Jewish citizens and excludes the Palestinian Arab citizens in Israel from the political process. Mazen Masri's study is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israel's character, its relationship with the constitutional order, and its impact on society.

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

The Land Shall Not Be Sold in Perpetuity
The Land Shall Not Be Sold in Perpetuity

Author: Yossi Katz

Publisher: Walter de Gruyter GmbH & Co KG

Published: 2016-04-11

Total Pages: 250

ISBN-13: 3110415968

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The State of Israel is the only Western state where the majority of lands are still owned by the State and by a public body related to it (The Jewish National Fund). At the root lies the divine command stating that the Land of Israel belongs to God and therefore should not be traded in perpetuity (Leviticus 25). This principle has been applied to almost all of the State lands, and was established in a Basic Law. Since the 1980s there were many pressures in Israel to privatize at least part of the State’s and JNF’s lands, due to the general privatization process of Israel’s economy, the deepening globalization process, and the transformation of Israel to an individualistic society. However, only a small portion of the lands were privatized, constituting 4% of the area of Israel. The book is based wholly on primary sources. It describes and analyzes the history of the ideological, social and legal processes that took place and their development since the beginning of the 20th century until today – processes that brought about the unique phenomenon of the State of Israel as an advanced capitalistic state whose lands are mostly state-owned.

A Threshold Crossed
A Threshold Crossed

Author: Omar Shakir

Publisher:

Published: 2021

Total Pages: 217

ISBN-13:

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"The widely held assumption that the Israeli occupation of Palestinian territory is a temporary situation and that the 'peace process' will soon bring an end to Israeli abuses has obscured the reality on the ground today of Israel's entrenched discriminatory rule over Palestinians. A single authority, the Israeli government, rules primarily over the area between the Jordan River and Mediterranean Sea, populated by two groups of roughly equal size, methodologically privileging Jewish Israelis while repressing Palestinians, most severely in the Occupied Palestinian Territory (OPT), made-up of the West Bank, including East Jerusalem, and Gaza. Drawing on years of human rights documentation, case studies and a review of government planning documents, statements by officials and other sources, [this report] examines Israel's treatment of Palestinians and evaluates whether particular Israeli policies and practices in certain areas amount to the crimes against humanity of apartheid and persecution."--Page 4 of cover.

Planted Flags
Planted Flags

Author: Irus Braverman

Publisher: Cambridge University Press

Published: 2009-07-31

Total Pages: 272

ISBN-13: 9780521760027

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Planted Flags tells an extraordinary story about the mundane uses of law and landscape in the war between Israelis and Palestinians. The book is structured around the two dominant tree landscapes in Israel/Palestine: pine forests and olive groves. The pine tree, which is usually associated with the Zionist project of afforesting the Promised Land, is contrasted with the olive tree, which Palestinians identify as a symbol of their steadfast connection to the land. What is it that makes these seemingly innocuous, even natural, acts of planting, cultivating, and uprooting trees into acts of war? How is this war reflected, mediated, and, above all, reinforced through the polarization of the natural landscape into two juxtaposed landscapes? And what is the role of law in this story? Planted Flags explores these questions through an ethnographic study. By telling the story of trees through the narratives of military and government officials, architects, lawyers, Palestinian and Israeli farmers, and Jewish settlers, the seemingly static and mute landscape assumes life, expressing the cultural, economic, and legal dynamics that constantly shape and reshape it.

The Politics of Planting
The Politics of Planting

Author: Shaul Ephraim Cohen

Publisher: University of Chicago Press

Published: 1993-06

Total Pages: 226

ISBN-13: 9780226112763

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On the open landscape of Israel and the West Bank, where pine and cypress forests grow alongside olive groves, tree planting has become symbolic of conflicting claims to the land. Palestinians cultivate olive groves as a vital agricultural resource, while the Israeli government has made restoration of mixed-growth forests a national priority. Although both sides plant for a variety of purposes, both have used tree planting to assert their presence on—and claim to—disputed land. Shaul Ephraim Cohen has conducted an unprecedented study of planting in the region and the control of land it signifies. In The Politics of Planting, he provides historical background and examines both the politics behind Israel's afforestation policy its consequences. Focusing on the open land surrounding Jerusalem and four Palestinian villages outside the city, this study offers a new perspective on the conflict over land use in a region where planting has become a political tool. For the valuable data it presents—collected from field work, previously unpublished documents, and interviews—and the insight it provides into this political struggle, this will be an important book for anyone studying the Israeli-Palestinian conflict.