Taking the Land without the People: The 1967 Story as Told by the Law

2017 ◽  
Vol 47 (1) ◽  
pp. 18-38 ◽  
Author(s):  
Noura Erakat

This paper seeks to show how Israel has deployed Occupation Law in strategic ways to incrementally take the land of Palestine without its people. It argues that Israel has used UN Security Council Resolution 242 to retroactively legitimate those colonial takings in a political framework shaped by U.S. intervention. In themselves, the constituent pieces of the argument are not new and they have been extensively discussed in legal, political science, and historical literature. Rather than consider them as the sum of their parts, this paper attempts to view the issues that have been kept distinct and separate within disciplinary silos as a mutually-reinforcing whole, demonstrating that the United States' political position made an otherwise bankrupt legal argument effective and showing how the Security Council's deliberations gave Israel ample room for maneuver in spite of the drafting parties' original intent. In examining the relationship between law and political power, the article points to the ways in which the balance of power bears upon the meaning and significance of law in international conflict. Thus, the failure of Occupation Law to regulate the occupation of the Palestinian Territories ultimately reflects the outcome of a political, not a legal, contest: Israel's legal argumentation that the territories are merely under its administration would have no value were it not for the power politics that shape international relations in the region.

2021 ◽  
pp. 004711782110592
Author(s):  
Jan Hornat

The United States has improved relations with no other country during the Trump administration as much as it advanced its relationship with India. US-India relations have arguably marked their historical high points since Trump entered office and India seems to be overcoming its suspicion of closer cooperation with the US. Given these developments, this article aims to theorize the relationship through the hegemonic stability theory and explain US strategy toward India. We first demonstrate why India is accepting the hegemonic standing of the US in the Indo-Pacific and then – since balance of power politics are still a staple of policymakers’ approach to stability in the Indo-Pacific – we introduce the notion of induced balancing to show what approach the United States has adopted to empower India to expand its balancing capacity vis-à-vis China. The last section of the article empirically maps the various incentives that Washington offers to New Delhi in order to situate it in the desired position of a proxy China-balancer.


Author(s):  
G. John Ikenberry

The end of the Cold War was a “big bang” reminiscent of earlier moments after major wars, such as the end of the Napoleonic Wars in 1815 and the end of the world wars in 1919 and 1945. But what do states that win wars do with their newfound power, and how do they use it to build order? This book examines postwar settlements in modern history, arguing that powerful countries do seek to build stable and cooperative relations, but the type of order that emerges hinges on their ability to make commitments and restrain power. The book explains that only with the spread of democracy in the twentieth century and the innovative use of international institutions—both linked to the emergence of the United States as a world power—has order been created that goes beyond balance of power politics to exhibit “constitutional” characteristics. Blending comparative politics with international relations, and history with theory, the book will be of interest to anyone concerned with the organization of world order, the role of institutions in world politics, and the lessons of past postwar settlements for today.


2007 ◽  
Vol 40 (2) ◽  
pp. 535-537
Author(s):  
Laura Stephenson

Democracy and Excellence: Concord or Conflict?, Joseph Romance and Neil Reimer, eds., Westport CN: Praeger, 2005, 166, pp. xiv.This volume is the product of a question, asked by Neal Reimer, about the relationship between democracy and excellence. Reimer provides background for this relationship in the first chapter, noting that it can be framed as government by the people versus standards of the good, true and beautiful. Conflict can arise between the two ideas because democracy prioritizes equality of citizens—but excellence depends upon the recognition of differentiating merit. While democracy provides citizens freedom from a limiting class structure, the lack of structure can make citizens indifferent to pursuing a noble vision of the state. Reimer argues, however, that there is a fundamental harmony between democracy and excellence and that examples of excellence in democratic societies (such as the United States) are many. It is possible and likely that democratic societies will attain excellence in practice.


2007 ◽  
Vol 37 (1) ◽  
pp. 39-48
Author(s):  
Richard Falk

This essay examines the consequences of the near-canonical status acquired over the years by UN Security Council Resolution 242. After tracing the evolution of the vision of peace seen to flow from 242, the essay explores the various ways in which the resolution has been read. In particular, the interpretation of Israel (backed by the United States) is examined, along with the balance of power factor. The essay concludes by suggesting that clinging to 242 as ““canonical”” inhibits clear-sighted thinking on new approaches that take cognizance of the greatly altered circumstances.


2017 ◽  
Vol 11 (2) ◽  
pp. 39-44
Author(s):  
Raghav Sharma

Contemporary political discourse in the United States is rife with ideas on how our society can change and reform — in particular, issues such as campaign finance reform, income inequality, and the use and control of firearms are in need of a comprehensive response that is attentive to the needs and will of the American people. Sadly, the relationship between the American people and our government is currently in a dismal state. This relationship between the people and the government has become unbalanced and unfair, reducing the likelihood of change and deterring individuals from believing in their ability to influence such reform. The need to understand our capacity to effect change, though, is absolutely necessary. The issues facing the American government at this time are as numerous as they are serious, but ideas and proposals are coming forward with the potential to rebalance this relationship. More importantly, they have the potential to usher in a new American Revolution that makes good on the democratic promise of a government for, of and by the people. 


2020 ◽  
Vol 8 (2) ◽  
pp. 175-198
Author(s):  
Tariq Dana

This article sheds light on the relationship between Israeli high-tech innovation and military/security production in the framework of settler-colonialism and the prolonged occupation of the Palestinian territories. It analyzes the global rise of Israel in military and security innovation as a result of decades-long colonial ventures and regional wars, which have been a key variable for dynamic and extensive innovation and productivity. Moreover, the article argues that Israeli military and security would not have been attainable without the extraordinary official assistance and private investment from the United States, especially since the aftermath of the 1967 war. Besides the structural dependency on the US, this article highlights other characteristics that define Israel’s military and security production, such as the vicious nature of these innovations, complicity in global atrocities, and profitability of innovation to Israel’s war economy. Finally, the article presents Gaza’s Great March of Return (gmr) as a case study to present evidence on the ways in which Israeli military forces and security companies are jointly involved in experimentation, using new weapons and unmanned devices on the Palestinian civilians.


2002 ◽  
Vol 55 (1) ◽  
pp. 137-166 ◽  
Author(s):  
Richard N. Rosecrance

John Mearsheimer'sTragedy of Great Power Politicserrs in claiming that all national security decisions are rational ones. In contrast, sometimes state ambitions and actions go beyond what “rationality” typically would permit; sometimes states do not assert capabilities which they clearly possess. The explanations for such outcomes reside in realms that Mearsheimer either does not consider or dismisses too readily, such as alignments, democracy, ideology, and economic relationships. He also charts a role for the United States (a state confronting “the stopping power of water” that is too limited given the objectives (a balance of power) which he believes it should seek to create. His theory of war is too restricted and so therefore is his theory of peace. But he has fashioned one of the first new empirical essays in general realist theory in recent years and deserves to be commended. His approach will be the focus of debate and analysis for some time to come.


2021 ◽  
Vol 2 (2) ◽  
Author(s):  
Mariëtta Van der Tol ◽  
Matthew Rowley

This article theorises ideations of “the people” in a comparative reflection on Latin-Christian theologies and typologies of time and secularised appropriations thereof in right-wing as well as far-right movements in Europe and the United States of America. Understanding the world in grand narratives of “good” and “evil” emerges from Christian eschatological hope: the hope of the restoration and renewal of the cosmos and the final defeat of evil prophesised in association with the return of Christ. However, this language of good and evil becomes detached from the wider corpus of Christian belief and theology. In its secular expression, it may attach the good to an abstract and normative account of “the people”, who are defined in contrast to a range of others, both internal and external to the nation. Secular iterations might further echo the stratification of present, past and future through a sacralisation of the past and a dramatization of the future. The context of contemporary right-wing and far-right movements poses a series of questions about the relationship between belief and belonging, the acceptability of the secularization of Christian traditions and theologies, and the extent to which Christian communities can legitimately associate with right-wing movements.


1986 ◽  
Vol 4 (2) ◽  
pp. 267-323 ◽  
Author(s):  
Robert C. Palmer

The United States Constitution established a federal system, not a national government. States continued necessarily and by design as active and important centers of governmental activity. States were institutions of inherent authority, while the federal government by original intent and then explicitly by amendment, was a government of only delegated powers. Since the federal government derived its power directly from the people and acted directly on individuals, it was decisively more powerful than the pre-Constitution Confederation. But the Bill of Rights itself is evidence of the continued worry, pervasive until modified by the Reconstruction Amendments, that the federal government might, but should not, overwhelm the states.


Author(s):  
Wilfredo Alvarez

This chapter examines the nature, processes, and effects of Donald Trump's social media uses, Twitter in particular, to cyberbully individuals, groups, and organizations. Trump's discourse constitutes his role as a “cyberbully” and the “targets” of his attacks. Trump's social media discourse also illustrates how power, intimidation, and aggression are contextually situated within the relationship between the president and the public. The president's social media messages—which for historically marginalized groups such as women, nonwhites, and nonwhite immigrants constitute their everyday lived experiences—additionally function to preserve communication systems that keep those groups in marginalized positions within a white supremacist ideological framework. As a result, this discursive environment creates a form of “presidential cyberbullying” where the most influential person in the United States, and the world, consistently employs a modern communication technology not to uplift and unite, but to attack and aggress many of the people whom he is charged with serving.


Sign in / Sign up

Export Citation Format

Share Document