The West Bank and the Rule of Law.

MERIP Reports ◽  
1983 ◽  
pp. 30
Author(s):  
Tim Coone ◽  
Raja Shehadeh ◽  
Jonathan Kuttab ◽  
David H. Ott
2019 ◽  
Vol 3 (2) ◽  
pp. 527-551 ◽  
Author(s):  
Irus Braverman

Drawing on interviews with, and observations of, officials from Israel’s Nature and Park Authority, fieldworkers from environmental and human rights nonprofits, and local Palestinian farmers, this article tells stories about springs in the occupied West Bank. Entangled with the physical decline of the springs’ water supply and quality, it examines this waterworld also in a broader sense, which includes cultural, political, and religious—with a specific focus on legal—spring-related practices. After discussing the relevant water and land regimes within which springs exist, and their socio-geological uniqueness, I pause to tell the story of Ein Kelt—a desert spring on the way from Jerusalem to Jericho. Next, I move to discuss a variety of colonial dispossession tactics at work in the West Bank springs. In many cases, such tactics are performed by Jewish settlers with the tacit support of Israeli authorities. Inspired by legal geography scholarship on the coproduction of law and matter, I examine Israel’s seemingly paradoxical preoccupation with the rule of law in the administration of springs in the occupied territories, what I refer to here as a hyperlegality, on the one hand, and its disregard of formal law in the face of settler misconduct at these sites, on the other hand. Complicating the story, I also describe recent spring-based practices of purification carried out by Jewish Hasidic groups. The springs newly emerge in this context as sites of recreation, pilgrimage, and purity. Simultaneously, they are becoming places of danger for the Palestinians and are increasingly figuring in the mobilization of Palestinian protest. After all is said and done, one is left wondering whether water is actually different from land and soil. Could springs possibly serve as an alternative socio-material foundation that moves away from traditional colonial regimes?


TRANSFORMATIF ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 198
Author(s):  
Laila Rahmawati

<p>This article tries to describe the concept of Human Rights in the West and the response of   Islam to them. In its history, it was <em>Magna Charta   </em>in England that initiated the formulation of Human Rights in the West in 1512. Then It was followed by <em>The Bill of right </em>in 1689; <em>The American Declaration of Independence </em>in 1776; and <em>T</em><em>he French Declaration </em>in 1789 that resulted in <em>The rule of law</em>.  Human Rights entered a new phase after The United Nations had declared the International Human Rights in</p><p>1984, that is <em>The Universal Declaration of Human Rights. </em>From that time on, Human Rights has become a global issue, continually discussed and responded to by many including Muslim scholars. In the West, the concept of Human Right is based merely on human values (anthropocentric) so that the responsibility is restricted to human beings.  Based  on  this,  this concept  is  different from  Islamic  concept  on  Human  Rights  because  the former is based on secular values  while the later is based on human values and divine values. Normatively, the idea of Human Rights is relevant to Islamic idea. The reason is that, based on their <em>fitrah </em>as creatures, human beings extremely expect the maintenance of their main needs (<em>Al- umur al-Daruriyyah</em>). Therefore, Human Rights are suitable with the purpose of syari’ah (<em>maqasid al-Syari</em>), that is to maintain religion, reason, heredity dan property.</p>


2003 ◽  
Vol 6 (2) ◽  
pp. 312-331 ◽  
Author(s):  
Bryan Edelman ◽  
James T. Richardson

In 1999 the government of the People's Republic of China (PRC) labeled Falun Gong an "evil cult" and began a campaign to eliminate the qigong movement of which it was a part. The West was quick to condemn the PRC's action as a violation of human rights. In response, the PRC government criticized the West for interfering in its internal affairs, and using "human rights" as an excuse to impose its will upon the PRC. Rather than formulating an attack on the PRC government using Western principles of democracy, human rights, and the rule of law, this article analyzes the legality of the PRC's campaign against Falun Gong within the framework of the legal and political systems developed in the PRC Constitution, other relevant documents and international treaties to which the PRC is a signatory nation. It is argued that the PRC government acted outside of its constitutional authority, violated citizens' basic rights, and overstepped its own boundaries in its war against Falun Gong and its practitioners.


2013 ◽  
Vol 70 (01) ◽  
pp. 9-32
Author(s):  
Elizabeth W. Kiddy

Between 1842 and 1848, a violent conflict erupted on the banks of the São Francisco River in nordieastern Brazil. Militão Plácido de França Antunes and his faction declared war on the family of Captain Bernardo José Guerreiro. Both families were based in the river town of Pilão Arcado, but the fighting spread to the nearby town of Sento-Sé, and by 1848 violence had engulfed the entire region from Barra to Juazeiro (see Figures 1 and 2). Bands of armed men loyal to Militão roamed the streets and attacked the households of people they considered to be on the side of the Guerreiros. Many people were killed, and others fled the region altogether. The violence ended only after Militão's faction killed Guerreiro's last adult son on August 1, 1848. Although a family feud in the backlands was not unusual, this fight resonated with coastal lawmakers who, in Brazil's Second Empire, had been looking toward conquering the west and consolidating their own vast territory. The reports of wrenching violence in the backlands, unchecked by the rule of law, represented the deepest fears of the coastal elite and made the need to conquer the Brazilian interior even more urgent.


Author(s):  
Dragan Šljivić ◽  
Neven Cvetićanin

Abstract The Orthodox Christianity had in some respects divergent development from that of the West, which also resulted in several conceptions that might have had an impact on the contemporary legal situations in the predominantly Orthodox countries. In this contribution we aim at examining the impact of two major points of divergence. One is the cooperative Church–state separation, that is sometimes dubbed as the symphonia of the two. Another set of concepts that arguably marked Orthodox church’s understanding of the rule of law, at least in its internal procedures, is the principle of leniency (oikonomia). It allows for an interpretation of the laws in the interest of the person to which those are to be applied. We want to investigate which pieces of legislation might have been affected by these considerations and whether contemporary challenges of the legal system in Serbia can be traced to some of the Orthodox doctrines. We conclude that while the contemporary Church–state relationship, as envisioned in the corresponding law of the country, demonstrates many traits that can be traced to the symphonia tradition, there is hardly any evidence that would support the claim that the decision-making processes in Serbian courts were marked by conscious application of the principle of oikonomia.


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