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The Legality of a Jewish State: A Century of Debate over Rights in Palestine


ISBN13: 9781316519240
Published: December 2021
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £85.00



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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.

Subjects:
Other Jurisdictions , Israel
Contents:
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