Self-Determination, Statehood, and the Law of Negotiation: The Case of Palestine - Softcover

Jr., Robert P. Barnidge

Softcover

ISBN 10: 1509921192 ISBN 13: 9781509921195

Publisher: Hart Publishing, 2018

Synopsis

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.

About this title

From the Author

Robert P Barnidge, Jr, is Lecturer and Coordinator of International Relations in the Department of History, Politics, and International Relations at Webster University.

Review

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.
Indian Journal of International Law

Barnidge's book should be on the bookshelf of every reader who follows legal issues in the Middle East.
Israel Law Review

(...) 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.
St. Louis Jewish Light

Edition details

• Publisher: Hart Publishing
• Publication date: 2018
• ISBN 10: 1509921192
• ISBN 13: 9781509921195
• Binding: Paperback
• Language: English
• Number of pages: 264