Self-Determination, Statehood, and the Law of Negotiation

The Case of Palestine

By Robert P. Barnidge Jr.

From the Madrid peace conference letter of 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 otherwise impermissible responses. This book advances an understanding of the international law of negotiation and uses this as a framework for assessing the Israeli-Palestinian dispute. Case studies of 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 are presented. The legal consequences of these applications are not merely of historical interest, because they inform the present rights and obligations of Israel and the Palestinian people. The book 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. It will be of interest to scholars in public international law. *** "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. [Subject: Public International Law]

Publication Date: 3/17/2016
Format: Cloth
ISBN: 9781849468121