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Self-Determination, Statehood, and the Law of Negotiation

The Case of Palestine

By: Robert P. Barnidge, Jr.
Media of Self-Determination, Statehood, and the Law of Negotiation
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Published: 28-01-2016
Format: PDF eBook (?)
Edition: 1st
Extent: 264
ISBN: 9781509902408
Imprint: Hart Publishing
RRP: £34.54
Online price : £19.00
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Loren Epson

About Self-Determination, Statehood, and the Law of Negotiation

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.

'Based on primary research, this book explores materials that were not analyzed before. It treats a highly political issue with scientific objectivity that strikes a balance between various points of view. The book will be an essential reading to all those involved in peace studies, international negotiations and Israeli-Palestinian conflict'.
Mutaz M Qafisheh, Associate Professor of International Law, Hebron University.

'A compelling and innovative account of the legal aspects of the Palestinian-Israeli conflict: a must read.'
Efraim Karsh, King's College London and Bar-Ilan University, author of Palestine Betrayed.

'A superbly imagined and executed study on Palestine that puts the 'negotiation imperative' at the heart of its narrative, fully interrogating the involvement of public international law at each step of the long and layered history that is vigorously brought to life in these pages. A study that also promises texture, nuance, and depth to the legal analysis it offers-and it delivers handsomely on each of these fronts.'
-Dino Kritsiotis, Chair of Public International Law & Head of the International Humanitarian Law Unit, University of Nottingham.

Table Of Contents

1. Introduction
2. The Evolution of Palestinian Arab Proto-Self-Determination and “Peoplehood” During the Mandate for Palestine
3. From Disparate Means of Dispute Settlement to the Introduction of a Negotiation Imperative: 1948 – 1973
4. The Emergence of Palestinian International Legal Personality and the Bilateral Negotiation Imperative: 1973 to Oslo
5. The International Law of Negotiation as a Means of Dispute Settlement
6. The International Law of Negotiation and Palestinian Applications for Admission to the United Nations: Sword or Shield?
7. Conclusion

Reviews

“(...) It is clear that among the important reference books, classroom textbooks and journalistic resources, Barnidge's book will be near the top of the list.” –  Robert Cohn, St. Louis Jewish Light

“The book can be an important source for those who want to look at the Palestine statehood issue from an Israeli standpoint. It is equally important for those pursuing Palestine cause to scholarly engage with these views.” –  Srinivas Burra, Indian Journal of International Law

“Barnidge's book brings the law of negotiation to life with a wealth of supplementary materials and supportive case law, making it an invaluable resource for anyone with an interest in either the law of negotiation or the conflict between Israel and the Palestinians.” –  Dana Levitt, Interdisciplinary Centre Herzliya, The Journal of the Middle East and Africa

“This is an erudite and carefully researched work by an expert in international law addressing a neglected aspect of the Israeli-Palestinian conflict...Since 1988, Palestinians have repeatedly sought to tarnish Israel's standing by accusing it of violating international law. Barnidge's excellent book shows that Israel's defenders are not entirely without resources as they seek to counter these attacks.” –  Joseph S Spoerl, Philosophy Department, Saint Anselm College, Jerusalem Center for Public Affairs

“Barnidge's book should be on the bookshelf of every reader who follows legal issues in the Middle East.” –  Professor Robbie Sabel, Israel Law Review

“Robert Barnidge's important book seeks to persuade us to view the Palestinian-Israeli conflict through the prism of what he calls the 'law of negotiation.' The volume offers an analysis of the conflict through a rigorous application of international legal sources from the British Mandate to the present day and is a major contribution to the analysis of the role of international law in the conflict.” –  John Strawson, Fathom Journal

“... this book gives an excellent account of the negotiation process for an international settlement of the Palestine question from its very beginnings to the present ... This monograph gives a wonderful insight into the nature and the legal consequence of international negotiations, an aspect so far only marginally treated in international law literature ... All in all a highly interesting book that fills an important gap in otherwise very broad literature on an internationally intensively commented subject.” –  Peter Hilpold, Europa Ethnica

“The author, a professor of international law, traces and assesses the legal history of the conflict from the era of the British Mandate for Palestine to the present day in this well-written, convincing and accessible work.” –  David Rodman, Israel Affairs

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