I srael's Legal Right to Exist and the Principle of the Self‐determination of the Palestinian People

Bibliographic Data

ID9197114
AuthorsAnthony Carty (0000-0002-6183-1815, Faculty of Law University of Hong Kong, corresponding author)
Year2013
Volume76
Issue1
Pages158-177
Publication date2013-01-01
Open AccessYes
TypeARTICLE
VenueModern Law Review (JOURNAL)
Journal identifiersISSN: 0026-7961 • E-ISSN: 1468-2230
PublisherWiley (PUBLISHER • GB)
DOI10.1111/1468-2230.12007
OpenAlexW2134630942
LanguageEN
References cited13

a state is a question of fact. Israel itself used this argument against the request for an advisory opinion on the status of Palestine in 1948, saying, 'The existence of a State is a question of fact and not of law. The criterion of statehood is not legitimacy but effectiveness'.2 This fact is central to an analysis of international relations from a critical perspective, because it prepares one for the compulsive, repetitive nature of the lust of states for security, a mark of all states and a fundamental characteristic of inter-state relations.3A state may have an individual self-referring drive of legitimacy such as 'Manifest Destiny', but this will not offer, or even try to offer, a convincing basis for any international communal living. The question which will be asked of Kattan's book is whether it demonstrates, as he intends, a series of illegalities in the construction of Israel and in the destruction of the Palestinian people, or whether, instead, it demonstrates a legal vacuum which Israel itself reaffirms in Netanyahu's fighting rhetoric. In the latter event, is there a way to reconstruct from scratch a legal conceptual framework for Palestine and what would be the best forum in which to achieve this

Library science · Political science · Computer Science · International Law and Human Rights · Jewish and Middle Eastern Studies · Judicial and Constitutional Studies · Law

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