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 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

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.

Defining Israel
Defining Israel

Author: Simon Rabinovitch

Publisher: Hebrew Union College Press

Published: 2018-11-12

Total Pages: 428

ISBN-13: 0878201637

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Defining Israel: The Jewish State, Democracy, and the Law is the first book in any language devoted to the controversial passage of Israel's nation-state law. Israel has no constitution, and though it calls itself the Jewish state there is no agreement among Israelis on how that fact should be reflected in the government's laws or by its courts. Since the 1990s a number of civil society groups and legislators have drafted constitutions and proposed Basic Laws with constitutional standing that would clarify what it means for Israel to be a "Jewish and democratic state." Are these bills liberal or chauvinist? Are they a defense of the Knesset or an attack on the independence of the courts? Is their intention democratic or anti-democratic? The fight over the nation-state law-whether to have one and what should be in it-toppled the 19th Knesset's governing coalition and, even after its passage on July 29, 2018, remains a point of contention among Israel's lawmakers and increasingly the Israeli public. Defining Israel brings together influential scholars, journalists, and politicians, observers and participants, opponents and proponents, Jews and Arabs, all debating the merits and meaning of Israel's nation-state law. Together with translations of each draft law, the final law, and other key documents, the essays and sources in Defining Israel are essential to understand the ongoing debate over what it means for Israel to be a Jewish and democratic state.

The Legal Foundation and Borders of Israel Under International Law
The Legal Foundation and Borders of Israel Under International Law

Author: Howard Grief

Publisher:

Published: 2008

Total Pages: 0

ISBN-13: 9789657344521

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"The Legal Foundation and Borders of Israel under International Law" offers a comprehensive and systematic legal treatment of Jewish national and political rights to all of the Land of Israel. The author, Howard Grief, is the originator of the thesis that de jure sovereignty over the entire Land of Israel and Palestine was vested in the Jewish People as a result of the San Remo Resolution adopted at the San Remo Peace Conference on April 24, 1920. Yuval Ne'eman, a former Israeli government minister said: "For about 400 years, the Ottoman Empire ruled over all the Balkans, the Middle East and North Africa. The struggle for the liberation of those areas began in the Balkan lands at the beginning of the 19th century and ended in 1913. In the First World War, the job [of liberation] was completed and Turkey was reduced to the Anatolian Peninsula. All of this was contained in the San Remo Agreement of April 1920. The fact that it was precisely at that place and time that Iraq, Syria, Lebanon and the states of the Arabian Peninsula obtained [thanks to the victory of the Principal Allied Powers over the Central Powers] the very same liberation from the Ottoman yoke, strengthens the approach of Grief who presents the proof for the inclusion of Palestine [i.e., the Jewish People] in the list of beneficiaries in regard to the "settlement [or disposition] of the inheritance of the Ottoman Empire." Dr. Ya'akov Meron, former Adviser on the Law of Arab Countries at the Ministry of Justice, Jerusalem, Israel and Professor of Moslem Law in the Faculties of Law of Jerusalem and Tel-Aviv wrote: "The Legal Foundation and Borders of Israel under International Law" is a forceful and erudite pleading for the respecting of the letter and spirit of the law, not only Israeli law but also the international law that came into existence in the wake of World War I. This law, now largely forgotten or neglected, is still relevant today in regard to the status and borders of the Land of Israel. The author makes a thorough analysis of the international documents which recognized the rights of the Jewish People to the land of their ancestors, most significantly the San Remo Resolution on Palestine, agreed to by the victorious Allies at the Peace Conference of April 1920.