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The Status of Palestinian Refugees in International Law

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ISBN13: 9780198265900
ISBN: 0198265905
Published: September 1998
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



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The conflict over Palestine has produced one of the most tragic and compelling refugee crises of the post Second World War era. In the Palestinian-Israeli Declaration of Principles, signed at Washington, DC, in 1993, the fate of the 3.4 million Palestinian refugees was identified as one of the outstanding issues to be addressed in subsequent negotiations.;This book explores the status of Palestinian refugees in international law focusing both on the position of Palestinians in the Arab world and in Western countries. It contains a thorough and useful analysis of various areas of international law, including refugee law, the law relating to stateless persons, humanitarian law, and human rights law, and probes their relevance to the provision of international protection for Palestinian refugees within the context of the Middle East peace process.

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Subjects:
Other Jurisdictions , Middle East
Contents:
Preface
Table of Treaties and other International Instruments
Table of Cases
INTRODUCTION
Chapter I
1.1 The story of Rula
1.2 Palestinian refugees and international law
1.3 Historical background
1.4 The number of Palestinian refugees and their geographical distribution
1.5 The United Nations and Palestinian refugees
1.6 The Madrid peace process and its relevance for Palestinian refugees
1.7 Scope of the study
PART ONE: REFUGEE LAW
Chapter II: Palestinian Refugees
2.1 General remarks on the notion of Palestinian refugee
2.2 Palestinian refugees as distinguished from other refugees
2.3 The UNRWA definition of a Palestinian refugee
2.4 Defining Palestinian refugees in the context of peace negotiations
Chapter III: The 1951 Convention Relating to the Status of Refugees
3.1 Introductory remarks
3.2 Article 1D
3.3 Other aspects of article 1
Chapter IV: The Status of Palestinian Refugees in the Arab World
4.1 Introductory remarks
4.2 The League of Arab States and Palestinian refugees
4.3 Excursus: the legal status of Palestinian refugees in the various Arab states
PART TWO: OTHER AREAS OF INTERNATIONAL LAW
Chapter V: Law Relating to Stateless Persons
5.1 Introductory Remarks
5.2 Are Palestinian refugees stateless persons?
5.3 Convention relating to the status of stateless persons
5.4 Convention on the reduction of statelessness
5.5 Concluding remarks
Chapter VI: Humanitarian Law
6.1 Introductory Remarks
6.2 Rules of humanitarian law concerning the protection of civilians
6.3 The position of Palestinian refugees residing in the territories
6.4 The relevance of the PLOIsraeli Declaration of Principles
6.5 Some conclusions
Chapter VII: Human Rights Law
7.1 Introductory Remarks
7.2 The right to return and compensation
7.3 The right to self-determination
7.4 Family reunification and the principle of unity of the family
7.5 Concluding remarks
PART THREE: INTERNATIONAL PROTECTION AND THE SEARCH FOR A DURABLE SOLUTION
Chapter VIII: International Protection
8.1 Introductory Remarks
8.2 Protection of Palestinian refugees in the Middle East: the role of UNRWA and other United Nations organs
8.3 Protection of Palestinian refugees residing out UNRWAs area of operations: the role of UNHCR
8.4 ICRC and the protection of Palestinian refugees
8.5 Other attempts at providing international protection
8.6 Some conclusions
Chapter IX: the Search for a Durable Solution
9.1 Introduction
9.2 Durable solutions to refugee problems
9.3 Possible scenarios for the permanent status of the Palestinian territories occupied in 1967
9.4 The permanent status negotiations on the refugee issue
Chapter X: Summary and Conclusions
Annex 1: Selected United Nations resolutions of concern to Palestinian refugees
Annex 2 UNRWA instructions concerning registration and eligibility (excerpts)
Annex 3: League of Arab States instruments concerning Palestinian refugees
Bibliography
Index