Self-Determination, Statehood, and the Law of Negotiation : The Case of Palestine

From the Madrid Invitation in 1991 to the introduction of the Oslo process in 1993 to the present, a negotiated settlement has remained the dominant leitmotiv of peacemaking between Israel and the Palestinian people. That the parties have chosen negotiations means that either side's failure to comply with its obligation to negotiate can result in an internationally wrongful act and, in response, countermeasures and other responses. This monograph seeks to advance our understanding of the international law of negotiation and use this as a framework for assessing the Israeli–Palestinian dispute, with the Palestinian people's unsuccessful attempt to join the United Nations as a Member State in autumn 2011 and the successful attempt to join the same institution as a non-Member Observer State in November 2012 providing a case study for this. The legal consequences of these applications are not merely of historical interest; they inform the present rights and obligations of Israel and the Palestinian people. This work fills a significant gap in the existing international law scholarship on the Israeli–Palestinian dispute, which neither engages with this means of dispute settlement generally nor does so specifically within the context of the Palestinian people's engagements with international institutions. 'Based on primary research, this book explores materials that were not analyzed before. It treats a highly political issue with scientific objectivity that strikes a balance between various points of view. The book will be an essential reading to all those involved in peace studies, international negotiations and Israeli-Palestinian conflict'. Mutaz M Qafisheh, Associate Professor of International Law, Hebron University. 'A compelling and innovative account of the legal aspects of the Palestinian-Israeli conflict: a must read.' Efraim Karsh, King's College London and Bar-Ilan University, author of Palestine Betrayed. 'A superbly imagined and executed study on Palestine that puts the 'negotiation imperative' at the heart of its narrative, fully interrogating the involvement of public international law at each step of the long and layered history that is vigorously brought to life in these pages. A study that also promises texture, nuance, and depth to the legal analysis it offers-and it delivers handsomely on each of these fronts.' -Dino Kritsiotis, Chair of Public International Law & Head of the International Humanitarian Law Unit, University of Nottingham. Acknowledgements Table of Contents Table of Case Law and Arbitral Awards Table of Legislation 1. Introduction 2. The Evolution of Palestinian Arab Proto-Self-Determination and "Peoplehood" During the Mandate for Palestine I. Introduction II. The Mandate System III. The Mandate for Palestine IV. The Concept of a Palestinian Arab "People" During the Mandate for Palestine V. The United Nations Special Committee on Palestine and the Drums of 1948 VI. Conclusion 3. From Disparate Means of Dispute Settlement to the Introduction of a Negotiation Imperative: 1948-1973 I. Introduction II. The Onset of War in Palestine and the United Nations Security Council's Questionnaire of May 18, 1948 III. The Role of the United Nations Mediator on Palestine IV. The Establishment of the United Nations Conciliation Commission for Palestine V. Arab Rejectionism and Boycotts of the Jewish State VI. Between 1967 and 1973: The Introduction of a Negotiation Imperative VII. Conclusion 4. The Emergence of Palestinian International Legal Personality and the Bilateral Negotiation Imperative: 1973 to Oslo I. Introduction II. In the Aftermath of United Nations Security Council Resolution 338 (1973): From Algiers to Rabat, and Geneva to Camp David III. The Second Phase: From Exclusion to the Beginnings of Begrudging Inclusion IV. To Oslo V. Conclusion 5. The International Law of Negotiation as a Means of Dispute Settlement I. Introduction II. The Relationship Between Negotiation and Other Means of Dispute Settlement III. The International Law of Negotiation IV. When Negotiation Breaks Down: Countermeasures and Other Responses V. Conclusion 6. The International Law of Negotiation and Palestinian Applications for Admission to the United Nations: Sword or Shield? I. Introduction II. The Bilateral Negotiation Imperative: Bundles of Rights and Obligations III. Palestinian Applications for Admission to the United Nations: The Events of Autumn 2011 and Autumn 2012 IV. Assessing the Palestinian Applications for Admission to the United Nations: Key Issues and Legal Consequences V. Conclusion 7. Conclusion Annex: Maps Bibliography INDEX "From the Madrid Invitation in 1991 to the introduction of the Oslo process in 1993 to the present, a negotiated settlement has remained the dominant leitmotiv of peacemaking between Israel and the Palestinian people. That the parties have chosen negotiations means that either side failure to comply with its obligation to negotiate can result in an internationally wrongful act and, in response, countermeasures and other responses. This monograph seeks to advance our understanding of the international law of negotiation and use this as a framework for assessing the Israeli- alestinian dispute, with the Palestinian people unsuccessful attempt to join the United Nations as a Member State in autumn 2011 and the successful attempt to join the same institution as a non-Member Observer State in November 2012 providing a case study for this. The legal consequences of these applications are not merely of historical interest; they inform the present rights and obligations of Israel and the Palestinian people. This work fills a significant gap in the existing international law scholarship on the Israeli- alestinian dispute, which neither engages with this means of dispute settlement generally nor does so specifically within the context of the Palestinian people engagements with international institutions."--Jacket