4 mai 2016

OUVRAGE : R.P. Barnidge Jr., Self-Determination, Statehood, and the Law of Negotiation: The Case of Palestine

Catherine MAIA

From the Madrid Invitation in 1991 to the introduction of the Oslo process in 1993 to the present, a negotiated settlement has remained the dominant leitmotiv of peacemaking between Israel and the Palestinian people. That the parties have chosen negotiations means that either side’s failure to comply with its obligation to negotiate can result in an internationally wrongful act and, in response, countermeasures and other responses. This monograph seeks to advance our understanding of the international law of negotiation and use this as a framework for assessing the Israeli–Palestinian dispute, with the Palestinian people’s unsuccessful attempt to join the United Nations as a Member State in autumn 2011 and the successful attempt to join the same institution as a non-Member Observer State in November 2012 providing a case study for this. The legal consequences of these applications are not merely of historical interest; they inform the present rights and obligations of Israel and the Palestinian people. This work fills a significant gap in the existing international law scholarship on the Israeli–Palestinian dispute, which neither engages with this means of dispute settlement generally nor does so specifically within the context of the Palestinian people’s engagements with international institutions.


Table of Case Law and Arbitral Awards
Table of Legislation

1. Introduction

2. The Evolution of Palestinian Arab Proto-Self-Determination and “ Peoplehood ” During the Mandate for Palestine
I. Introduction
II. The Mandate System
III. The Mandate for Palestine
IV. The Concept of a Palestinian Arab “People” During the Mandate for Palestine
V. The United Nations Special Committee on Palestine and the Drums of 1948
VI. Conclusion
3. From Disparate Means of Dispute Settlement to the Introduction of a Negotiation Imperative: 1948-1973
I. Introduction
II. The Onset of War in Palestine and the United Nations Security Council ’ s Questionnaire of May 18, 1948
III. The Role of the United Nations Mediator on Palestine
IV. The Establishment of the United Nations Conciliation Commission for Palestine
V. Arab Rejectionism and Boycotts of the Jewish State
VI. Between 1967 and 1973: The Introduction of a Negotiation Imperative
VII. Conclusion
4. The Emergence of Palestinian International Legal Personality and the Bilateral Negotiation Imperative: 1973 to Oslo
I. Introduction
II. In the Aftermath of United Nations Security Council Resolution 338 (1973): From Algiers to Rabat, and Geneva to Camp DavidIII. The Second Phase: From Exclusion to the Beginnings of Begrudging Inclusion
IV. To Oslo
V. Conclusion
5. The International Law of Negotiation as a Means of Dispute Settlement
I. Introduction
II. The Relationship Between Negotiation and Other Means of Dispute Settlement
III. The International Law of Negotiation
IV. When Negotiation Breaks Down: Countermeasures and Other Responses
V. Conclusion
6. The International Law of Negotiation and Palestinian Applications for Admission to the United Nations: Sword or Shield?
I. Introduction
II. The Bilateral Negotiation Imperative: Bundles of Rights and Obligations
III. Palestinian Applications for Admission to the United Nations: The Events of Autumn 2011 and Autumn 2012
IV. Assessing the Palestinian Applications for Admission to the United Nations: Key Issues and Legal Consequences
V. Conclusion
7. Conclusion

Annex: Maps
Map of Greater Israel, New Zionist Organization (1936-37)
Palestine Royal Commission Report Proposed Partition: Provisional Frontier (1937)
UN Partition Plan-1947 (Apr. 1983)
The Armistice Lines of 1949 (Oct. 1953)
No Title, Map No. 3014 (Nov. 1978)
Territories Occupied by Israel Since June 1967 (June 1997)
Gaza-Jericho Agreement (May 4, 1994)
Interim Agreement (Sept. 28, 1995)

Robert P. BARNIDGE Jr., Self-Determination, Statehood, and the Law of Negotiation: The Case of Palestine, Oxford, Hart Publishing, 2016 (264 pp.)

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