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Federalism and Decentralization in the Contemporary Middle East
The first book in English on the law and politics of federalism and decentralization in the MENA region.
Anthropology and Political Science
What can anthropology and political science learn from each other? The authors argue that collaboration, particularly in the area of concepts and methodologies, is tremendously beneficial for both disciplines, though they also deal with some troubling aspects of the relationship. Focusing on the influence of anthropology on political science, the book examines the basic assumptions the practitioners of each discipline make about the nature of social and political reality, compares some of the key concepts each field employs, and provides an extensive review of the basic methods of research that "bridge" both disciplines: ethnography and case study. Through ethnography (participant observatio...
The Legal Status of Territories Subject to Administration by International Organisations
The international community's practice of administering territories in post-conflict environments has raised important legal questions. Using Kosovo as a case study, Bernhard Knoll analyses the identity of the administrating UN organ, the ways in which the territories under consideration have acquired partial subjectivity in international law and the nature of legal obligations in the fiduciary exercise of transitional administration developed within the League of Nations' Mandate and the UN Trusteeship systems. Knoll discusses Kosovo's internal political and constitutional order and notes the absence of some of the characteristics normally found in liberal democracies, before proposing that the UN consolidates accountability guidelines related to the protection of human rights and the development of democratic standards should it engage in the transitional administration of territory.
Lawfare
In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.
How Israelis and Palestinians Negotiate
Refreshing and revealing in equal measure, this innovative volume conducts a critical/self--critical exploration of the impact of culture on the ill-fated Oslo peace process. The authors negotiators and scholars alike demolish stereotypes as they construct an unusually subtle and sophisticated understanding of how culture influences negotiating styles. Culture, they argue, did not cause the Oslo breakdown but it did play an influential, intervening role at several levels: coloring the thinking of political leaders, shaping domestic politics on both sides, and affecting each side s evaluation of the other s beliefs and intentions.After an overview by William Quandt of the history of the Oslo ...
Transitional Justice for Israel/Palestine
This book applies the dynamic field of transitional justice to conflict resolution in Israel/Palestine. Around the globe, diverse societies have pursued truth-telling, restorative justice and reconciliation to end conflict -- yet the language of transitional justice has been all but absent in Israel/Palestine. This volume squarely addresses how transitional justice could contribute to conflict transformation and accountability, incorporating the questions of collective justice, memory, and human rights. It covers the most important historical and legal issues facing Israel/Palestine with a focus on civil societies in South Africa, Northern Ireland and Latin America. Ultimately, the book proposes an unofficial Israeli-Palestinian Truth and Empathy Commission (IPTEC) to address gross human rights abuses committed by both nations. Transitional Justice for Israel/Palestine will be of interest to researchers, NGOs, and policy makers working in transitional justice and societies with ongoing conflict.
Supreme Law of the Land?
This book provides a comprehensive analysis of treaties practice in American law from the 1980s to the present.
Palestine and International Law
This collection of thirteen essays explains and analyzes the conflict between the Government of Israel and the Palestine Authority over the granting of sovereignty to Palestinians from the point of view of international law. The dispute--emotional, so far intractable, often violent--is of global, not merely Middle Eastern concern. The essays cover two general topics: the political nature of the conflict and the economic issues. The collection includes eight respected contributions previously published and five newly written essays. The contributors represent a range of political alignments and differing perspectives, providing the widest possible scope for understanding the issues and beliefs relating to the conflict. Includes bibliography and index.
Fiduciary Law
In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
Palestine and the Palestinians in the 21st Century
Specialists on Palestinian politics, history, economics, and society examine the continuities that bind the twentieth and twenty-first centuries. Recent developments in Palestinian political, economic, and social life have resulted in greater insecurity and diminishing confidence in Israel’s willingness to abide by political agreements or the Palestinian leadership’s ability to forge consensus. This volume examines the legacies of the past century, conditions of life in the present, and the possibilities and constraints on prospects for peace and self-determination in the future. These historically grounded essays by leading scholars engage the issues that continue to shape Palestinian s...
