The Legal Foundation and Borders of Israel Under International Law: A Treatise on Jewish Sovereignty Over the Land of Israel

כריכה קדמית
Mazo Publishers, 2008 - 731 עמודים
2 ביקורות
"The Legal Foundation and Borders of Israel under International Law" offers a comprehensive and systematic legal treatment of Jewish national and political rights to all of the Land of Israel. The author, Howard Grief, is the originator of the thesis that de jure sovereignty over the entire Land of Israel and Palestine was vested in the Jewish People as a result of the San Remo Resolution adopted at the San Remo Peace Conference on April 24, 1920. Yuval Ne'eman, a former Israeli government minister said: "For about 400 years, the Ottoman Empire ruled over all the Balkans, the Middle East and North Africa. The struggle for the liberation of those areas began in the Balkan lands at the beginning of the 19th century and ended in 1913. In the First World War, the job [of liberation] was completed and Turkey was reduced to the Anatolian Peninsula. All of this was contained in the San Remo Agreement of April 1920. The fact that it was precisely at that place and time that Iraq, Syria, Lebanon and the states of the Arabian Peninsula obtained [thanks to the victory of the Principal Allied Powers over the Central Powers] the very same liberation from the Ottoman yoke, strengthens the approach of Grief who presents the proof for the inclusion of Palestine [i.e., the Jewish People] in the list of beneficiaries in regard to the "settlement [or disposition] of the inheritance of the Ottoman Empire." Dr. Ya'akov Meron, former Adviser on the Law of Arab Countries at the Ministry of Justice, Jerusalem, Israel and Professor of Moslem Law in the Faculties of Law of Jerusalem and Tel-Aviv wrote: "The Legal Foundation and Borders of Israel under International Law" is a forceful and erudite pleading for the respecting of the letter and spirit of the law, not only Israeli law but also the international law that came into existence in the wake of World War I. This law, now largely forgotten or neglected, is still relevant today in regard to the status and borders of the Land of Israel. The author makes a thorough analysis of the international documents which recognized the rights of the Jewish People to the land of their ancestors, most significantly the San Remo Resolution on Palestine, agreed to by the victorious Allies at the Peace Conference of April 1920.
 

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תוכן

The San Remo Peace Conference and the San Remo Resolution on Palestine
18
The FrancoBritish Boundary Convention and the Demarcation Agreement
45
Pillars Of Support Underlying Jewish Legal Title Sovereignty To Palestine Under International Law
67
Meaning of the Balfour Declaration
74
The Mandate for Palestine
116
Locus of Sovereignty over Palestine and the Land of Israel under the Mandate
136
Continuation of Jewish Legal Rights and Title of Sovereignty over Palestine upon the Termination of the Mandate for Palestine
149
The UN General Assembly Resolution 181 II on the Future Government of Palestine The Partition Resolution of November 29 1947
150
IV The American Role in Causing the Separation of Transjordan from the Jewish National Home and its Harmful Effects on Cisjordanian Palestine
375
V The IsraelJordan Peace Treaty
384
British Acts Sabotaging the Jewish National Home and the Mandate for Palestine
391
Weizmanns Deficient Leadership and the Duplicity of Curzon Samuel and Churchill
424
The Switch Of National Identities And Names
469
The Name Palestine and the Meaning of Palestinian Nationality during the Mandate Period
470
The Arab Appropriation of the Name Palestinians
482
A Historical Refutation of Arab and Moslem Claims to the Land of Israel
519

The Applicability of the Principle of Acquired Legal Rights in favour of the Jewish People over Palestine from 1948 Onwards
174
The Doctrine of Estoppel and its Application to the AngloAmerican Convention Respecting the Mandate for Palestine
193
The Question of United Nations Jurisdiction over Mandated Palestine the Land of Israel and the Middle East
225
II Article 80 Of The UN Charter
255
Why Jewish Legal Rights and Title of Sovereignty over Palestine and the Land of Israel Became Obscured and Forgotten
267
Kemal Ataturks Overthrow of the Ottoman Empire and the Consequent Replacement of the Treaty of Sèvres by the Treaty of Lausanne
268
Effecting a Transfer of Sovereignty without A Peace Treaty by Subjugation or Consent after a Simple Cessation of Hostilities
278
The Separation of Transjordan from the Jewish National Home I Background and Legal Issues
303
II Did the McMahon Pledge of October 24 1915 include Transjordan as a territory for future Arab Independence?
330
III Was Transjordan included in the Balfour Declaration of November 2 1917 as part of the Jewish National Home?
351
Remedial Steps to Preserve Jewish Legal Rights and Title of Sovereignty over the Land of Israel and Block Arab Attempts at Usurpation
548
Population Transfer
577
Summary Table of Sovereignty over Eretz Israel1 from 1516 to the Present Day under International Law and Jewish Law halakha
642
The Historical Origin of the Name Palestine and Related Regional Terms
645
Correspondence With Professor Yuval Neeman
661
Juridical Assessment
683
Correspondence with Mr Joel Carmichael Editor of Midstream
685
Index
715
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