International Law in the Middle East : Closer to Power Than Justice

"Examining international law through the lens of the Middle East, this insightful study demonstrates the qualitatively different manner in which international law is applied in this region of the world. Law is intended to produce a just society, but as it is ultimately a social construct that has travelled through a political process, it cannot be divorced from its relationship to power. The study demonstrates that this understanding shapes the notion, strongly held in the Middle East, that law is little more than a tool of the powerful, used for coercion and oppression. The author considers a number of formative events to demonstrate how the Middle East has become an underclass of the international system wherein law is applied and interpreted selectively, used coercively and, in noticeable situations, simply disregarded. International Law in the Middle East brings various narratives of history to the fore to create a wider arena in which international law can be considered and critiqued."--Provided by publisher Cover 1 Half Title 2 Title Page 4 Copyright Page 5 Table of Contents 6 Table of Cases 10 List of Maps 14 Preface 16 Acknowledgements 20 The Melian Dialogue 22 Introduction 24 Scope of Study 26 Chapter 1 Beyond Positivism: Denial of Kurdish Self-Determination 36 I. Failure of a Kurdish State to Materialise 38 II. Treatment of Kurds during the Consolidation of the Modern Middle East 46 III. Situation of the Kurds in the Era of Self-Determination 51 IV. Situation of the Kurds in the 'New World Order' 59 V. Conclusion 67 Chapter 2 Imperial Attitude toward the Suez Canal 70 I. The Establishment of the Suez Canal 71 II. 1888 Constantinople Convention 73 III. Egyptian Nationalisation of the Suez Canal Company 80 IV. Seeking a Peaceful Settlement of the Suez Dispute 83 V. The Tripartite Aggression against Egypt 87 VI. The Aftermath of the Tripartite Aggression 91 VII. Conclusion 93 Chapter 3 Disregard for International Law in the Evolution toward the Formation of the State of Israel 96 I. Support for Zionism 97 II. The Balfour Declaration 100 III. The British Mandate for Palestine 103 IV. Toward the State of Israel 115 V. Conclusion 122 Chapter 4 Lack of Enforcement of International Law and the Abandonment of Palestinian Refugees 124 I. Creating Palestinian Refugees 125 II. Conditions of Palestinian Refugees in Exile 130 III. International Refugee Law and Palestinian Refugees 137 IV. Conclusion 147 Chapter 5 Selective Enforcement of International Law: The Security Council and its Varied Responses to a Decade of Aggression (1980-90) 150 I. Aggression in International Law 151 II. Response to Iran-Iraq War 157 III. Response to the Israeli Invasion and Occupation of Lebanon 165 IV. Response to the Iraqi Invasion and Annexation of Kuwait 175 V. Conclusion 184 Chapter 6 Punitive in extremis: United Nations' Iraqi Sanctions 186 I. The Coalition Air Campaign 187 II. The United Nations Sanctions 195 III. United Nations' Iraqi Sanctions and Norms of Jus Cogens 206 IV. Responsibility and the United Nations' Iraqi Sanctions 214 V. Conclusion 216 Chapter 7 Internalising the Requirements of International Law: Perpetual States of Emergency in Egypt and Syria 218 I. States of Emergency in International Law 220 II. Egypt: Human Rights under a Perpetual State of Emergency 229 III. Syria: Human Rights under a Perpetual State of Emergency 239 IV. Conclusion 250 Chapter 8 A Stream Apart: Peaceful Settlements in the Middle East 252 I. The Most Militarised Region in the World 253 II. The Peaceful Settlement of Disputes 258 III. Peaceful Settlement of Disputes in the Middle East 262 IV. Conclusion 283 Epilogue 286 I. The Continued Withering of Palestine 287 II. September 11 and its Repercussions 292 III. Conclusion 297 Appendix 1: 1888 Constantinople Convention 300 Appendix 2: l'Entente Cordiale: The 1904 Franco-British Declaration 304 Appendix 3: 1956 Sèvres Protocol 308 Appendix 4: UN General Assembly Resolution 302 (1948) 310 Appendix 5: UN General Assembly Resolution 3314 (1974) 314 Appendix 6: UN Security Council Resolution 425 (1978) 318 Appendix 7: UN Security Council Resolution 479 (1980) 320 Appendix 8: UN Security Council Resolution 508 (1982) 322 Appendix 9: UN Security Council Resolution 598 (1987) 324 Appendix 10: UN Security Council Resolution 660 (1990) 326 Appendix 11: UN Security Council Resolution 661 (1990) 328 Appendix 12: UN Security Council Resolution 678 (1990) 332 Appendix 13: UN Security Council Resolution 687 (1991) 334 Appendix 14: UN Security Council Resolution 688 (1991) 342 Appendix 15: UN Security Council Resolution 1483 (2003) 344 Bibliographic Note 352 Index 360 Beyond Positivism : Denial Of Kurdish Self-determination -- Imperial Attitude Toward The Suez Canal -- Disregard For International Law In The Evolution Towards The Formation Of The State Of Israel -- The Lack Of Enforcement Of International Law And The Abandonment Of Palestinian Refugees -- Selective Enforcement Of International Law : The Security Council And Its Varied Responses To A Decade Of Aggression (1980-90) -- Punitive In Extremis: United Nations' Iraqi Sanctions -- Internationalising The Requirements Of International Law: Perpetual States Of Emergency In Egypt And Syria -- A Stream Apart : Peaceful Settlements In The Middle East. Jean Allain. Includes Bibliographical References (p. [329]-336) And Index. Contents: Introduction Scope of study Beyond positivism: denial of Kurdish self-determination Imperial attitude toward the Suez Canal Disregard for international law in the evolution towards the formation of the state of Israel Lack of enforcement of international law and the abandonment of Palestinian refugees Selective enforcement of international law: the Security Council and its varied responses to a decade of aggression (1980-90) Punitive in extremis: United Nations' Iraqi sanctions Internalizing the requirements of international law: perpetual states of emergency in Egypt and Syria A stream apart: peaceful settlements in the Middle East Epilogue Appendices Bibliographic Note Index. "Examining international law through the lens of the Middle East, this study demonstrates the qualitatively different manner in which international law is applied in this region of the world. Law is intended to produce a just society, but as it is ultimately a social construct that has traveled through a political process, it cannot be divorced from its relationship to power. The study demonstrates that this understanding shapes the notion, strongly held in the Middle East, that law is little more than a tool of the powerful, used for coercion and oppression."--Jacket Where international law in the Middle East is concerned, it is impossible to escape the simple fact that law on the books and law in practice do not equate.