The Struggle for Land Under Israeli Law An Architecture of Exclusion 1st Edition by Hadeel Abu Hussein 1032044012 9781032044019

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Product details:

ISBN 10: 1032044012

ISBN 13: 9781032044019

Author: Hadeel S. Abu Hussein

This book provides a comprehensive examination of land law for Arab Palestinians under Israeli law. Land is one of the core resources of human existence, development and activity. Therefore, it is also a key basis of political power and of social and economic status. Land regimes and planning regulations play a dynamic role in deciding how competing claims over resources will be resolved. According to legal geography, spatial ordering impacts legal regimes; whilst legal rules form social and human space. Through the lenses of international law, colonisation and legal geography, the book examines the land regime in Israel. More specifically, it endeavours to understand the spatial strategies adopted by Israel to organise the entire territorial expanse of the country as Jewish, while also excluding Arab Palestinian citizens of Israel and residents of East Jerusalem from the landscape. The book then details how the systematic nature and processes of marginalisation are mapped out across the civil, political and socio-economic landscape. This monograph will be of interest to international legal theorists, legal geographers, land lawyers and human rights practitioners and students; as well as to international scholars, NGOs and others focusing on the Israeli–Palestinian conflict.

Table of contents:

1 Introduction – access denied
1.1 On theory, colonialism, law, and the ethnocratic State
1.2 Methodology
1.3 Chapter outline

2 A review of land rights in international law context
2.1 Introduction
2.2 Land rights as property rights
2.3 Land rights as cultural rights: indigenous people
2.3.1 Nomadic groups
2.4 Land rights as an issue of gender equality
2.5 A right to housing
2.6 The right to land in the context of international humanitarian law
2.7 Limitations and violations of land rights
2.7.1 Land expropriation, deprivation of property
2.7.2 Forced eviction
2.8 Regional protection of right to land
2.9 Conclusion

3 An architecture of exclusion
3.1 Introduction
3.2 Beginning of the conflict
3.2.1 The United Nations partition plan
3.2.2 Competing historical narratives of the 1948 War, metanarratives
3.3 Military rule
3.4 Jerusalem
3.5 Palestinian Arab citizens in Israel: a framework for inequality
3.5.1 Discrimination against Palestinian Arab citizens in Israel
3.5.2 Israel’s ‘Jewish and democratic State’ and its implications
3.5.3 Citizenship
3.5.4 Education
3.5.5 Political participation
3.5.6 Arabic language
3.5.7 Employment
3.6 Conclusion

4 Towards building the present land regime in Israel: Legislation and judicial systems
4.1 Introduction
4.2 Historical overview
4.2.1 Ottoman period
4.2.2 British Mandate period
4.3 Establishment of the land regime in the State of Israel
4.3.1 Expropriation and transfer of land to public ownership
4.3.2 Legal instruments to expropriate and transfer land
4.3.3 Review of international law in relation to the expropriation of refugee land
4.3.4 Land Acquisition Law 1953
4.3.5 From the ‘absentee land’ concept to the ‘Israeli land’ concept
4.3.6 Expropriation of private land
4.4 Conclusion

5 Case study, Sheikh Jarrah as a contemporary struggle
5.1 Introduction
5.2 The Sheikh Jarrah neighbourhood
5.3 Background to land ownership disputes in Sheikh Jarrah
5.4 Proceedings against Palestinian families in Sheikh Jarrah
5.4.1 The Al-Sabagh Case and Hammad Case – a landmark of hope
5.5 Settlement plans: why the Jewish settlement is at the core of the Arab neighbourhood in East Jerusalem
5.6 Legal procedure from the residents’ point of view and experience
5.7 Forced evictions
5.7.1 The procedure of forced eviction
5.8 Conclusion

6 Conclusion: Exploring the dark side of land law

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Tags: Hadeel Abu Hussein, Struggle, Israeli, Architecture