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The United Nations and the Question of Palestine: Rule by Law and the Structure of International Legal Subalternity

The United Nations and the Question of Palestine: Rule by Law and the Structure of International Legal Subalternity

Author: Ardi Imseis
Publisher: Cambridge University Press
ISBN: 9781316513897

Published In: November 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781009074957

List Price: ¥22,686.95

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Description
Contents

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Contrary to conventional wisdom, there has been a continuing though vacillating gulf between the requirements of international law and the UN on the question of Palestine. This book explores the UN's management of the longest-running problem on its agenda, critically assessing tensions between the organization's position and international law. What forms has the UN's failure to respect international law taken, and with what implications? The author critically interrogates the received wisdom regarding the UN's fealty to the international rule of law, in favour of what is described as an international rule by law. This book demonstrates that through the actions of the UN, Palestine and its people have been committed to a state of what the author calls 'international legal subalternity', according to which the promise of justice through international law is repeatedly proffered under a cloak of political legitimacy furnished by the international community, but its realization is interminably withheld.

Critically examines and relies upon primary UN sources on the key aspects of the Palestine question, including summary and verbatim records, resolutions, judicial opinions and reports
Combines detailed legal analyses of key moments, while critically drawing out the broader thematic patterns that emerge, not only for Palestine but also for the international legal order writ large
Introduces the novel concept of 'international legal subalternity' as the product of the clash between hegemonic and subaltern actors at the UN, and the manner in which international law is used or abused by the former in its subjugation of the latter within and through the organization

List of maps

Foreword

Preface

Acknowledgements

Table of Cases

Table of Treaties and International Instruments

List of Abbreviations

1. Introduction

2. The Interwar Period

1947: The UN Plan of Partition for Palestine

1948 and After: The UN and the Palestinian Refugees

1967 and After: The UN and the Occupied Palestinian Territory