Download or read book Indigenous Land Rights in Israel written by Morad Elsana and published by Routledge. This book was released on 2020-11-29 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing the Negev–Bedouin land issue from the international indigenous land rights perspective, this comparative study suggests options for the recognition of their land. The book demonstrates that the Bedouin land dispossession, like many indigenous peoples’, progressed through several phases that included eviction and displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouin’s traditional land rights. Examining the Mawat legal doctrine on which the State and the Court rely on to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and shows how the limitations of this law prevent any meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines’ land in Australia is introduced as an example of indigenous peoples' successful struggle for their traditional land rights. The final chapter analyzes the basic elements of judicial recognition of the land and shows that the basic elements needed for Bedouin land recognition exist in the Israeli legal system. Proposing practical recommendations for the recognition of Bedouin land, this volume is a key resource to scholars and students interested in land rights, international law, comparative studies, and the Middle East.
Download or read book Access Denied written by Ḥusayn Abū Ḥusayn and published by Zed Books. This book was released on 2003-09 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how Israeli land policy today inhibits access to land for its own Arab citizens even within the 1948 boundaries of the state of Israel. Its authors explore the system of land ownership, the acquisition and administration of public land, and the control of land use through planning and housing regulations. They argue that the law is used to discriminate against non-Jewish citizens and restrict Israeli Palestinians' access to land, and that Israeli land policies breach international human rights standards which could be used as a basis to challenge discriminatory policies.
Download or read book The Dispossession and Recognition of Indigenous Peoples Land Rights written by Morad Elsana and published by . This book was released on 2013 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bedouin experience is common among many indigenous peoples around the world. Often national law denies indigenous rights and their claims for traditional land, and courts enforce this denial. At the same time, international law fails to provide meaningful assistance. Relying mainly on relentless perseverance, several indigenous groups have ultimately achieved recognition of their rights utilizing both national and international elements of law. In several occurrences, such as the Aborigines of Australia, indigenous peoples succeeded in establishing a connection between their customary law and state law which enabled courts to recognize their traditional land rights.
Download or read book Indigenous In Justice written by Ahmad Amara and published by Harvard University Press. This book was released on 2015-04-01 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The indigenous Bedouin Arab population in the Naqab/Negev desert in Israel has experienced a history of displacement, intense political conflict, and cultural disruption, along with recent rapid modernization, forced urbanization, and migration. This volume of essays highlights international, national, and comparative law perspectives and explores the legal and human rights dimensions of land, planning, and housing issues, as well as the economic, social, and cultural rights of indigenous peoples. Within this context, the essays examine the various dimensions of the “negotiations” between the Bedouin Arab population and the State of Israel. Indigenous (In)Justice locates the discussion of the Naqab/Negev question within the broader Israeli-Palestinian conflict and within key international debates among legal scholars and human rights advocates, including the application of the Declaration on the Rights of Indigenous Peoples, the formalization of traditional property rights, and the utility of restorative and reparative justice approaches. Leading international scholars and professionals, including the current United Nations Special Rapporteur on Violence against Women and the former United Nations Special Rapporteur on the Rights of Indigenous Peoples, are among the contributors to this volume.
Download or read book Indigenous Land Rights in Israel written by Morad Elsana and published by Routledge. This book was released on 2020-11-29 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing the Negev–Bedouin land issue from the international indigenous land rights perspective, this comparative study suggests options for the recognition of their land. The book demonstrates that the Bedouin land dispossession, like many indigenous peoples’, progressed through several phases that included eviction and displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouin’s traditional land rights. Examining the Mawat legal doctrine on which the State and the Court rely on to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and shows how the limitations of this law prevent any meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines’ land in Australia is introduced as an example of indigenous peoples' successful struggle for their traditional land rights. The final chapter analyzes the basic elements of judicial recognition of the land and shows that the basic elements needed for Bedouin land recognition exist in the Israeli legal system. Proposing practical recommendations for the recognition of Bedouin land, this volume is a key resource to scholars and students interested in land rights, international law, comparative studies, and the Middle East.
Download or read book Emptied Lands written by Alexandre Kedar and published by Stanford University Press. This book was released on 2018-02-27 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emptied Lands investigates the protracted legal, planning, and territorial conflict between the settler Israeli state and indigenous Bedouin citizens over traditional lands in southern Israel/Palestine. The authors place this dispute in historical, legal, geographical, and international-comparative perspectives, providing the first legal geographic analysis of the "dead Negev doctrine" used by Israel to dispossess and forcefully displace Bedouin inhabitants in order to Judaize the region. The authors reveal that through manipulative use of Ottoman, British and Israeli laws, the state has constructed its own version ofterra nullius. Yet, the indigenous property and settlement system still functions, creating an ongoing resistance to the Jewish state.Emptied Lands critically examines several key land claims, court rulings, planning policies, and development strategies, offering alternative local, regional, and international routes for justice.
Download or read book The Dispossession and Recognition of Indigenous Peoples Land Right written by Morad Elsana and published by . This book was released on 2013 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Invention of the Land of Israel written by Shlomo Sand and published by Verso Books. This book was released on 2012-11-20 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is a homeland and when does it become a national territory? Why have so many people been willing to die for such places throughout the twentieth century? What is the essence of the Promised Land? Following the acclaimed and controversial The Invention of the Jewish People, Shlomo Sand examines the mysterious sacred land that has become the site of the longest-running national struggle of the twentieth and twenty-first centuries. The Invention of the Land of Israel deconstructs the age-old legends surrounding the Holy Land and the prejudices that continue to suffocate it. Sand’s account dissects the concept of “historical right” and tracks the creation of the modern concept of the “Land of Israel” by nineteenth-century Evangelical Protestants and Jewish Zionists. This invention, he argues, not only facilitated the colonization of the Middle East and the establishment of the State of Israel; it is also threatening the existence of the Jewish state today.
Download or read book The Struggle for Land Under Israeli Law written by Hadeel S. Abu Hussein and published by Routledge. This book was released on 2021-11-29 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive examination of land law for Arab Palestinians under Israeli law. Land is one of the core resources of human existence, development and activity. Therefore, it is also a key basis of political power and of social and economic status. Land regimes and planning regulations play a dynamic role in deciding how competing claims over resources will be resolved. According to legal geography, spatial ordering impacts legal regimes; whilst legal rules form social and human space. Through the lenses of international law, colonisation and legal geography, the book examines the land regime in Israel. More specifically, it endeavours to understand the spatial strategies adopted by Israel to organise the entire territorial expanse of the country as Jewish, while also excluding Arab Palestinian citizens of Israel and residents of East Jerusalem from the landscape. The book then details how the systematic nature and processes of marginalisation are mapped out across the civil, political and socio-economic landscape. This monograph will be of interest to international legal theorists, legal geographers, land lawyers and human rights practitioners and students; as well as to international scholars, NGOs and others focusing on the Israeli–Palestinian conflict.
Download or read book Land Law and Policy in Israel written by Haim Sandberg and published by Indiana University Press. This book was released on 2022-07-05 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: As one of the smallest and most densely populated countries in the world, the State of Israel faces serious land policy challenges and has a national identity laced with enormous internal contradictions. In Land Law and Policy in Israel,Haim Sandberg contends that if you really want to know the identity of a state, learn its land law and land policies. Sandberg argues that Israel's identity can best be understood by deciphering the code that lies in the Hebrew secret of Israeli dry land law. According to Sandberg, by examining the complex facets of property law and land policy, one finds a unique prism for comprehending Israel's most pronounced identity problems. Land Law and Policy in Israel explores how Israel's modern land system tries to bridge the gaps between past heritage and present needs, nationalization and privatization, bureaucracy and innovation, Jewish majority and non-Jewish minority, legislative creativity and judicial activism. The regulation of property and the determination of land usage have been the consequences of explicit choices made in the context of competing and evolving concepts of national identity. Land Law and Policy in Israel will prove to be a must-read not only for anyone interested in Israel but also for anyone who wants to understand the importance of land law in a nation's life.
Download or read book Creating Indigenous Property written by Angela Cameron and published by University of Toronto Press. This book was released on 2020-11-03 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.
Download or read book A Threshold Crossed written by Omar Shakir and published by . This book was released on 2021 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The widely held assumption that the Israeli occupation of Palestinian territory is a temporary situation and that the 'peace process' will soon bring an end to Israeli abuses has obscured the reality on the ground today of Israel's entrenched discriminatory rule over Palestinians. A single authority, the Israeli government, rules primarily over the area between the Jordan River and Mediterranean Sea, populated by two groups of roughly equal size, methodologically privileging Jewish Israelis while repressing Palestinians, most severely in the Occupied Palestinian Territory (OPT), made-up of the West Bank, including East Jerusalem, and Gaza. Drawing on years of human rights documentation, case studies and a review of government planning documents, statements by officials and other sources, [this report] examines Israel's treatment of Palestinians and evaluates whether particular Israeli policies and practices in certain areas amount to the crimes against humanity of apartheid and persecution."--Page 4 of cover.
Download or read book Indigenous Peoples Land Rights under International Law written by Jérémie Gilbert and published by BRILL. This book was released on 2016-06-21 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements. The first edition of this ground-breaking book was published in 2006, at the time the negotiations for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) were still underway. The adoption of the Declaration in 2007 marks an important moment not only in terms of law-making, but also represents the achievement of long decades of lobbying and advocacy from indigenous peoples’ representatives. This fully revised new edition reflects on the 10 years which have followed the adoption of the UNDRIP and examines its impact regarding indigenous peoples’ land rights. Its aim is not only to assess the importance of the UNDRIP in terms of international standards, but also to reflect on the ‘maturing’ of international law in relation to indigenous peoples’ land rights. Over the last 10 years these have reached a new level of visibility and a voluminous new jurisprudence and doctrine have been developed. Praise for the first edition: "Gilbert’s passion for his subject is palpable and illuminates every page, as do his zeal to expose international law’s complicity in indigenous peoples’ loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples’ lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples’ land rights in such depth.” Claire Charters, Associate Professor, University of Auckland, New Zealand (in International and Comparative Law Quarterly (ICLQ) "Gilbert’s gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert’s book is a tour de force on indigenous territoriality.” Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in International Journal on Minority and Group Rights
Download or read book Land Rights and Minorities written by Roger Plant and published by Minority Rights Group. This book was released on 1994-07-01 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: LAND: A QUESTION OF SURVIVAL? The process of territorial seizure and loss began centuries ago and continues today. Foreign occupation, colonisation, resettlement, nationalisation, large-scale infrastructural development and wider economic forces have undermined – and in some cases obliterated – the land security of the world’s vulnerable minorities. Land is now a key issue in minority claims for protection. While some minorities seek restoration of lands lost in the past, others struggle to avert future dispossession, or demand equality of rights with dominant majorities. LAND RIGHTS AND MINORITIES, written by the specialist author and consultant Roger Plant, addresses the current predicament of the world’s minorities with regard to access to and use of land and other natural resources. It emphasises the law and policy framework for the recognition of minority land rights, and the available procedures through which minorities may formulate their claims. Drawing on examples from Africa, the Americas, Asia, Australasia, Europe and the Middle East, the report demonstrates that the legacy of past discrimination must be addressed through affirmative action, and that newly evolving policies should take into account the security of currently or potentially disadvantaged groups. Some minorities are in danger of imminent extinction; others pursue their demands with vigour. Accepting the global imperative of environmentally sustainable land use and management, this authoritative Minority Rights Group report shows how vulnerable minorities will require a range of strategies and responses to ensure their territorial security and, ultimately, their survival. Please note that the terminology in the fields of minority rights and indigenous peoples’ rights has changed over time. MRG strives to reflect these changes as well as respect the right to self-identification on the part of minorities and indigenous peoples. At the same time, after over 50 years’ work, we know that our archive is of considerable interest to activists and researchers. Therefore, we make available as much of our back catalogue as possible, while being aware that the language used may not reflect current thinking on these issues.
Download or read book Occupation Inc written by Human Rights Watch (Organization) and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This report documents how settlement businesses facilitate the growth and operations of settlements. These businesses depend on and contribute to the Israeli authorities' unlawful confiscation of Palestinian land and other resources. They also benefit from these violations, as well as Israel's discriminatory policies that provide privileges to settlements at the expense of Palestinians, such as access to land and water, government subsidies, and permits for developing land"--Publisher's description.
Download or read book On Palestine written by Noam Chomsky and published by Haymarket Books. This book was released on 2015-03-23 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sequel to the acclaimed Gaza in Crisis from world-famous political analyst Noam Chomsky and Middle East historian Ilan Pappé. Operation Protective Edge, Israel’s 2014 assault on Gaza, left thousands of Palestinians dead and cleared the way for another Israeli land grab. The need to stand in solidarity with Palestinians has never been greater. Ilan Pappé and Noam Chomsky, two leading voices in the struggle to liberate Palestine, discuss the road ahead for Palestinians and how the international community can pressure Israel to end its human rights abuses against the people of Palestine. Praise for Gaza in Crisis by Noam Chomsky and Ilan Pappé “This sober and unflinching analysis should be read and reckoned with by anyone concerned with practicable change in the long-suffering region.” —Publishers Weekly “Both authors perform fiercely accurate deconstructions of official rhetoric.” —The Guardian Praise for Noam Chomsky . . . “Chomsky is a global phenomenon . . . perhaps the most widely read American voice on foreign policy on the planet.” —The New York Times Book Review “One of the radical heroes of our age . . . a towering intellect . . . powerful, always provocative.” —The Guardian . . . and Ilan Pappé “Ilan Pappé is Israel’s bravest, most principled, most incisive historian.” —John Pilger, journalist, writer, and filmmaker “Along with the late Edward Said, Ilan Pappé is the most eloquent writer of Palestinian history.” —New Statesman
Download or read book Land Indigenous Peoples and Conflict written by Alan C. Tidwell and published by Routledge. This book was released on 2015-10-05 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land conflicts from the South Pacific, Australasia, South East Asia, Africa, North and South America, and northern Eurasia. These regional cases discuss issues such as modernization, the evolution of systems and institutions regulating land use, access and management, and the resolution of indigenous land conflicts, drawing out common problems and solutions. The lessons learnt from the book will be of value to students, researchers, legal professionals and policy makers with an interest in land and property rights worldwide.
