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With renewed conflict in the Middle East, the prospect of a peaceful resolution looks more unlikely than ever. The Palestinian right of return to their homes has been upheld in international law and through United Nations' resolutions for fifty years. Equally the right of return has been denied by Israel and deferred to a "final status" issue in the Oslo Accords. It is on this right of return that the Palestinians are united. And it is this issue which is so frequently ignored by the international media. With major contributions from a range of international experts, including Edward W. Said, Noam Chomsky, Ilan Pappe, Alain Gresh and Norman Finkelstein, this volume examines the Palestinians’ right of return. Chapters cover the historical roots of the Palestinian refugee question; the rights of the refugees under international law; the special case of Lebanon; Israeli perceptions of the refugee question; the practical feasibility of the return; the role of the United States and the European Union and the Refugee Question; the value of the refugee property; the principles of compensation; and a programme for an Independent Rights Campaign.
The just resolution of the Palestinian right of return is at the very heart of the Middle East peace process. Nonetheless, the Obama administration intends to impose a comprehensive peace settlement upon the Palestinians that will force them to give up their well-recognized right of return under United Nations General Assembly Resolution 194(III)) of 1948; accept a Bantustan of disjointed and surrounded chunks of territory on the West Bank in Gaza; and even expressly recognize Israel as "the Jewish State, a as newly demanded by Benjamin Netanyahu. All this will fail for the reasons so powerfully and eloquently stated in this book. For the past three decades, Francis A. Boyle has provided the leadership of the Palestinian people with advice, counsel, and representation at all stages of the Middle East Peace Process. Here, he elaborates what the Palestinians must now do to realize their international legal right of return, in keeping with his startling perception of Israel as itself nothing more than a Jewish Bantustan bound for failure. While an enormous amount of scholarly literature has been generated affirming the Palestinian right of return under international law, none is as authentic, powerful, personal, or convincing.
7. Scope of the study
What is the historical framework of the Palestinian refugee crisis and what durable solutions are available? Which human rights instruments are applicable to Palestinian refugees? What is the place of the UN Relief and Works Agency for Palestinian Refugees within the global refugee framework and what challenges does the Agency face? This book approaches the question of Palestinian refugees from a legal, historical and political perspective to address these and other relevant questions. Seeking to impart an understanding of the place of Palestinian refugees under international law, it explores the rights of Palestinian refugees, including the collective rights of self-determination and state sovereignty and the individual right of return. It discusses the specialized, separate regime established for Palestinian refugees and the relationship of this regime vis-Ă -vis the UN Refugee Agency and the Convention Relating to the Status of Refugees.
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.
This well-established and widely-respected "Yearbook," is a primary source of information on significant and topical legal issues relating to the Palestinian territories. It provides, in a single annual volume, not only leading articles on topics of major interest to the international legal community, but also key legislation, court decisions, legal cases, treaties, reslolutions, special reports, and other relevant legal material translated from the original Arabic or Hebrew into English. The 11th volume of "The Palestine Yearbook of International Law" is devoted specifically to the question of Palestine refugees and includes: - a comparison of the international legal framework designed to protect refugees with the framework already established for the protection of Palestinian Refugees, - an examination of the various pieces of legislation enacted to 'legally' confiscate Palestinian lands, - raising the question as to how the plight of Palestinian refugees may be addressed in the international legal system, - legal precedents regarding refugees, includiing the Dayton accord and UN Resolutions, -various agreements signed over the course of the past year, - a detailed bibliography of books, monographs and articles, - a comprehensive index. This new volume, as with its predecessors, will be an invaluable source of reference and record on the complex legal issues relating to the Palestinian territories, and will be of prime interest to legal practitioners, researchers, scholars and anyone involved in law, politics, human rights or international relations who has an interest in this region.
Drawing on the texts and historical processes of peace resolutions, this book illustrates how conflict resolution constructs legal norms.

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