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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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ISBN13: 9781842771235
ISBN: 184277123X
Published: June 2005
Publisher: Zed Books
Format: Paperback
Price: £15.95

The struggle for land has been a key element of the conflict between Jews and Arabs in Palestine for the past hundred years. While international attention focuses on Israeli settlements in the West Bank and Gaza Strip, legally outside Israel's boundaries, there is another dimension to the land question altogether. Nearly one fifth of Israel's population is Palestinian. This work 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. The authors - one a Palestinian lawyer and Israeli citizen, the other a British international human rights lawyer who worked in Israel for many years - examine the system of land ownership, the acquisition and administration of public land, and the control of land use through planning and housing regulations. The book shows how the law is used to discriminate against non-Jewish citizens and restrict Israeli Palestinians' access to land. It demonstrates that Israeli land policies breach international human rights standards and that these standards could be used as a basis to challenge discriminatory policies.

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PART 1. INTRODUCTION Types of System Regulating Access to Land The Israeli Land System The Palestinian Citizens of Israel: Some General Background Objectives, Methodology and Structure PART 2 ISRAELI REGULATION OF PALESTINIAN ACCESS TO LAND 1. Dispossession Purchase, Seizure and Expropriation of Palestinian Land The Israeli Land Law and Changes to the System of Land Tenure Summary of Palestinian Land Losses Conclusions 2. The Concept of 'Israeli Lands' The concept of Public Land under Ottoman and British Rule The Zionist Concept of National Land The Israeli Reorganisation of the Land Regime The Roles of the Jewish National Fund and Jewish Agency were Continued and Enhanced The Post 1948 Debate in Israel on Nationalisation of Lands Inherent Inequality of the Israeli Land System Conclusions 3. Administration of Israel Lands: Policy towards the Arab Sector The Israel Lands Council and Israel Lands Authority Rural Settlement and the Role of the Jewish Agency Conclusions 4. Why a Rights Based Approach? Access to Land in International Context International Human Rights Standards and Access to Land Group Rights: The Usefulness of the Notions of Minority Rights and the Rights of Indigenous Peoples The Status and Implementation of International Human Rights Norms in Israeli Law Conclusions 5. Conclusion Appendixes 1. Criteria announced by the Minister of Housing under the Housing Loans Law 1992, regarding those entitled to Housing Loans and Grants