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The Statehood of Palestine : International Law in the Middle East Conflict - John Quigley

The Statehood of Palestine

International Law in the Middle East Conflict

Paperback

Published: 15th May 2010
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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 recognised until the present day.

About the Author

John Quigley is the President's Club Professor in Law at the Moritz College of Law at the Ohio State University. After earning his AB, LL.B. and MA degrees at Harvard University, he was a research associate at Harvard Law School. He has written extensively in international law, in particular on the Arab-Israeli conflict.

"With impressive scholarship, John Quigley demonstrates that Palestinian statehood has long been an established reality. This crucial, and somewhat unexpected, assessment of a core issue in the Israel/Palestine conflict should of great interest to anyone seeking peace and justice for these two long tormented peoples." - Richard Falk, UN Special Rapporteur for the Occupied Palestinian Territories "In this insightful work, John Quigley begins by acknowledging that Palestine's identity and culture have long been an enigma, but that the ambiguity of its status in the international community of nations is unacceptable. "Palestine became and remains a state" and he demonstrates that it should enjoy all the privileges, responsibilities and obligations of every other state. Through assiduous research and astute analysis Quigley peals back the dark encrusted layers of misinformation that have shrouded the question of Palestine and statehood for more than 100 years. ...I highly and unequivocally recommend this book to all those concerned about the fate of Palestine." - Cheryl A. Rubenberg, Editor, Encyclopedia of the Israeli-Palestinian Conflict "Palestine is not a state because Israel says it is not, a refrain echoed by the United States and Western European states. But, as Quigley shows, the situation is more complex. Palestine appears to meet the criteria of statehood and is certainly better qualified for statehood than entities accepted as states such as Kosovo, Micronesia, the Marshall Islands and Palau. Moreover it has been accepted as a state since the 1920s and is at present recognized by over 100 states. The occupation of Palestine presents problems but international law has never allowed occupation to undermine statehood. Statehood has become the ransom price Palestine must pay Israel and the United States for concessions on territory, refugees and security. Quigley's thoroughly researched and carefully written study shows that international law is the loser as consistency in international practice on statehood is sacrificed to the realpolitik of a world subservient to Israel." - John Dugard, Former Special Rapporteur on Human Rights in the Occupied Palestinian Territory "This is a tour de force through the history of Palestine from a point of view quite often neglected and overlooked. Even if one is familiar with the history of the land and the conflict raging on it, this book offers a new take and a better understanding of the injustice inflicted on its indigenous people by the world community as well as by its colonizers and occupiers. This is a must read for anyone who wants be engaged professionally and profoundly with the search of a just and lasting solution to the torn land of Israel and Palestine." - Ilan Pappe, Professor of History, University of Exeter "Professor Quigley has written an admirable, comprehensive and much needed book. He traces with erudition and integrity the origin of the responsibility of the international community as represented by the League of Nations and the United Nations for the destruction, misery and fragmentation of Palestine. Professor Quigley has made significant contributions to explore, analyze and clarify the accumulated layers of papers and documents related to Palestine. His accurate and erudite research has clarified many hitherto forgotten aspects of the Palestine tragedy. The Statehood of Palestine is both timely and comprehensive. It represents a valuable addition to the study of the status of Palestine at a time when the question of Statehood is being considered in more than one international fora." - Dr. Nabil Elaraby, Director, Cairo Regional Centre for International Commercial Arbitration, Former Judge, International Court of Justice "This book is an important resource for anyone interested in understanding international law as it relates to Palestine throughout history. The author meticulously reviews important moments and debates at critical junctures of the development of the conflict. Teachers would be wise to assign this in higher level or graduate classes on the conflict or broader Middle East classes, as well as courses on international law and international politics. It would also serve Palestinian negotiators well to read Quigley's book at this particular moment in time." - Yousef Munayyer, The Palestine Center "The Statehood of Palestine is highly recommended for anyone wishing to better understand the legal issues surrounding Palestinian statehood. While it is easy for states to use the complexity and intensity of the Palestine question as an excuse to avoid the issue altogether, Quigley reminds us that international law is for us all to enforce." - Samir Deger-Sen The Yale Journal of International Law

Prefacep. ix
Acknowledgmentsp. xi
Table of Cases Citedp. xiii
Abbreviationsp. xvii
A New Type of State
Why Palestine and Statehood?p. 3
A Land in Fluxp. 10
A League of Nationsp. 20
A State Detachedp. 32
The Class A Mandatesp. 42
Palestine in Operationp. 52
A State Awaiting Independencep. 66
Statehood In Turmoil
A Post-Mandate Statep. 83
The State Comes Apartp. 101
Palestine in Three Piecesp. 115
Palestine In the World Community
An Organization for Palestinep. 133
A Government for Palestinep. 150
The World Reactsp. 158
Palestine in the Peace Processp. 172
Palestine in the New Centuryp. 190
The Contours of Statehood
Palestine Meets Montevideop. 205
Statehood under the Gunp. 219
Recognition and Statehoodp. 226
When Is a State?p. 236
Implications of Palestine Statehoodp. 247
Notesp. 253
Bibliographyp. 309
Indexp. 321

ISBN: 9780521151658
ISBN-10: 0521151651
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 346
Published: 15th May 2010
Dimensions (cm): 22.8 x 15.4  x 1.6
Weight (kg): 0.557