The Legality of a Jewish State
A Century of Debate over Rights in Palestine
Published on 9. December 2021
360 pages
978-1-009-02087-9 (ISBN)
Description
In The Legality of a Jewish State, the author traces the diplomatic history that led to the partition of Palestine in 1948 and the creation of Israel as a state. He argues that the fate of Palestine was not determined on the basis of principle, but by the failure of legality. In focusing on the lawyer-diplomats who pressed for and against a Jewish state at the United Nations, he offers an explanation of the effort in 1947-48 by Arab states at the UN to gain a legal opinion from the International Court of Justice about partition and the declaration of a Jewish state. Their arguments at that time may surprise a twenty-first-century reader, touching on issues that are still at the heart of the contemporary conflict in the Middle East.
Reviews / Votes
'This is a fascinating and highly informative book, analyzing the roots of Israel's establishment in the Middle East in 1948 and its legal 'right to exist', which was not effectively challenged at the time. Providing an impressive addition to John Quigley's excellent work on international law and human rights, the book highlights Israel's successful fight for legitimacy which unfolded at the cost of the corresponding Palestinian right of self-determination.' Maria Holt, Reader in Politics, School of Social Sciences (Politics and International Relations), University of WestminsterMore details
Language
English
Place of publication
Cambridge
United Kingdom
Target group
Professional and scholarly
Illustrations
Worked examples or Exercises
File size
2,23 MB
ISBN-13
978-1-009-02087-9 (9781009020879)
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Schweitzer Classification
Other editions
Additional editions
Book
12/2021
Cambridge University Press
€132.50
Shipment within 15-20 days
Person
John Quigley is Professor Emeritus at the Moritz College of Law in The Ohio State University. After earning his A.B., LL.B., and M.A. degrees at Harvard University, he was a Research Associate at Harvard Law School before taking up his teaching post in international law.
Content
Preface; United Nations entities; Abbreviations; Part I. Battalions or Barristers: 1. Why legality?; 2. A land for an absent people; 3. Israel on the agenda; Part II. A Pair of Godfathers: 4. Uncle Joe; 5. Uncle Sam; Part III. A Flight from Justice: 6. Comments for a cause; 7. Dilemma for a don; 8. Swords are crossed; 9. Close calls in the assembly hall; 10. A venue unvisited; Part IV. From the Ashes of War: 11. Did the league of nations covenant violate rights?; 12. Were the wishes of the Palestine population considered?; 13. Did the national home provision violate the League Covenant?; 14. Was Jewish statehood endorsed by the league of nations?; 15. Did the Palestine mandate carry the force of law?; 16. Was Palestine a state?; Part V. Whose State?: 17. Did the Palestine mandate survive the league of nations?; 18. Did the United Nations inherit a power to partition Palestine?; 19. Did the United Nations have a power to partition Palestine?; 20. Was the future government resolution binding?; 21. Was partition of Palestine fair?; Part VI. Jewish Statehood on the ground: 22. Was the declaration of a Jewish state valid?; 23. Was Israel the victim of Arab aggression?; 24. Was Israel liable for the flight of the Palestine Arabs?; 25. Was Israel liable for not repatriating the Palestine Arabs?; 26. Did Israel's territorial advances erode reliance on the future government resolution?; 27. Was Israel a peace-loving state?; Part VII. Legitimacy in the New Century: 28. Israel in the United Nations; 29. Israel as a nation state of the Jewish people; 30. Israel and anti-Semitism; 31. Israel in court?; Select Bibliography; Notes; Index.
