Private Claims to Property Rights in the Future Israeli-Palestinian Settlement

1995 ◽  
Vol 89 (2) ◽  
pp. 295-340 ◽  
Author(s):  
Eyal Benvenisti ◽  
Eyal Zamir
Keyword(s):  
Public Interest ◽  
Prime Minister ◽  
Gaza Strip ◽  
Palestine Liberation Organization ◽  
Left Behind ◽  
The Government ◽  
The Gaza Strip ◽  
The Right ◽  
To Receive ◽  
Interim Period

The Declaration of Principles on Interim Self-Government Arrangements, signed by the Government of Israel and the Palestine Liberation Organization (PLO), and the exchange of letters between the PLO Chairman and Israel’s Prime Minister, both agreed upon in September 1993, have set the stage for a process of reconciliation and the settlement of the long and bitter conflict over Palestine/Eretz Yisrael. The Cairo Agreement on the Gaza Strip and the Jericho Area established the date—May 4, 1999—by which a permanent agreement must enter into effect. So far, the negotiations between the two parties have concentrated mainly on institutional arrangements, such as the nature of the Palestinian administration during the interim period, and other matters of public interest. At this stage, the parties are not expected to address matters that directly affect the interests of individuals, including the right of individuals to regain possession of property left behind because of the hostilities, or to receive compensation for such property. The discussion of most of these private claims has been deferred to the final stage of the negotiations, concerning a permanent status agreement, which is due to commence no later than May 4, 1996.

The Practice and Case Law of Israel in Matters Related to International Law

1995 ◽  
Vol 29 (3) ◽  
pp. 506-543 ◽  
Author(s):  
Rotem M. Giladi
Keyword(s):  
International Law ◽  
General Framework ◽  
West Bank ◽  
Gaza Strip ◽  
Case Law ◽  
The West ◽  
Political Issues ◽  
Palestine Liberation Organization ◽  
The Government ◽  
The Gaza Strip

The Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip (“the Interim Agreement”) represents another stage in the implementation of the framework established in the Declaration of Principles signed between the Government of Israel and the Palestine Liberation Organization (the “PLO”), commonly known as the “Oslo process”. In essence, the Interim Agreement provides for the establishment of self-government arrangements in the West Bank and the Gaza Strip, as envisaged in the Declaration of Principles, while explicitly superseding the arrangements which applied in the Gaza Strip and the Jericho Area since May 1994. In addition, the Interim Agreement provides for “direct, free and general political elections” to be held in the West Bank and the Gaza Strip.The aim of this section is to acquaint lawyers with the general framework of the Agreement, and the primary legal and political issues dealt with by the Interim Agreement, rather than to describe the specifics of each of its many provisions. Where required, reference will be made to the Declaration of Principles and to previous Agreements concluded between the Parties. At times, reference will also be made to the Camp David Framework of 1978.

Some Reflections on Israel's Temporary Legislation on Unification of Families

2010 ◽  
Vol 43 (2) ◽  
pp. 457-467 ◽  
Author(s):  
Ruth Lapidoth ◽  
Ofra Friesel
Keyword(s):  
International Law ◽  
Gaza Strip ◽  
The State ◽  
Provisional Measure ◽  
Israeli Arabs ◽  
The Law ◽  
The Government ◽  
The Gaza Strip ◽  
The Individual ◽  
The Right

In 2003 Israel adopted the Nationality and Entry into Israel (Provisional Measure) Law, 5763-2003. The Provisional Measure deals generally with entry into Israel; at first it dealt only with entry into Israel of residents of the West Bank and the Gaza Strip, and later it was extended also to nationals and residents of Iran, Iraq, Lebanon and Syria. It is particularly relevant for cases of unification of families and immigration for the purpose of marriage.The following article offers a short summary of the law as it has been amended in 2005 and 2007, as well as its interpretation by the government (since 2008) and then examines its conformity with international law. The Provisional Measure involves a clash between the right of the individual to marry the person of his choice and establish a family on the one hand, and the right of the state to regulate freely immigration and entry into its territory on the other hand. Since international law has not established a right to family unification nor to immigration for the purpose of marriage, the right of the state prevails in this matter. Yet, the Provisional Measure deviates from international law in a different aspect, as it leads to a de facto discrimination, mostly of Israeli Arabs. This discrimination is not permitted by the Convention for the Elimination of all Forms of Racial Discrimination, to which Israel is a party. It is recommended that Israel amends the law in order to bring it into conformity with international law.

scholarly journals – Application of Land Information Systems (LIS) To Evaluation and Planning Land Ownership in Gaza Strip – Geoplanning Study : تطبيق تقنية نظم معلومات الأراضي (LIS) لتقييم وتخطيط ملكيات أراضي قطاع غزة – دراسة جيوتخطيطية –

2019 ◽  
Vol 3 (2) ◽  
Author(s):  
Shadi Zuhair Mohammed Kuhail
Keyword(s):  
Information Systems ◽  
Gaza Strip ◽  
Land Ownership ◽  
Relative Distribution ◽  
Land Distribution ◽  
Gis Applications ◽  
The Government ◽  
The Gaza Strip ◽  
The Right ◽  
Land Information Systems

This study aimed to apply Land Information Systems (LIS) technology to evaluate and plan the properties of the Gaza Strip lands by tracking changes in the spatial and relative distribution of properties using GIS applications. In addition to identifying the land plots that are considered the most suitable for future urbanization, study showed that there is a time series of legislation In which the ownership of the land was transferred and the land distribution of the land as it is now. The study showed the role of LIS as one of the most important branches of geographic information systems, which is the best technique used in property management and classification. study showed that the use of land information systems cannot be dispensed with because it contributes to making the right decision before allocating land by analyzing future needs and linking them to the change in property distribution. The study showed that the use of cartographic modeling to arrive at determining the appropriate vouchers to guide future urbanization is more efficient than traditional methods. study resulted in the preparation of a database on land ownership at the sector level. The total area of ​​the government lands until the end of 2018 was about 55.9 km2, the land of the citizens of 304.1 km 2 and the lands of the endowments 4.9 km 2 of the total area of ​​the Gaza Strip of 365 km 2 and the historical development of properties on maps Through the use of statistics and tables of the Land Authority to track the spatial change in vouchers and the reasons that contributed to the decline of government properties so quickly. recommends study need for good planning in the decision-making institutions for the allocation of land for expansion projects and taking into account the criteria of local allocations due to the limited planning area of ​​the study area, which is one of the highest densities of the population in the world.

scholarly journals Penyelesaian Sengketa Pelepasan Hak Atas Tanah Oleh Pemerintah Dalam Proses Pendaftaran Tanah

2021 ◽  
Vol 8 (2) ◽  
pp. 1-16
Author(s):  
T. Surya Reza
Keyword(s):  
Public Interest ◽  
Land Rights ◽  
Land Registration ◽  
The Public ◽  
Registration Process ◽  
Planning Implementation ◽  
The Government ◽  
The Right ◽  
Ownership Of Land ◽  
To Receive

Article 41 paragraph (2) of Law No. 2 of 2012 on Land Procurement for Development in the Public Interest states that, when granting Compensation of Parties Entitled to receive Mandatory Compensation, a. exercising the release of rights; and b. submit evidence of ownership or ownership of Land Procurement Objects to Agencies that require land through land institutions. In the court's ruling stated that the boundaries of the land should be mentioned and how much extent was waived and the rest how much, and the procedure of disengagement of the right there was preparation, planning, implementation and release, and the release of the land rights was always followed by compensation, because this is an unlawful act. The results of this study show that, the release of land rights by the government in the land registration process in the court's ruling states that if 6 (six) landowners relinquish the right, it must be 6 (six) people who relinquish their rights if only 2 (two) are invalid, then a new land is said to be state land after the release of his rights. Any release of land rights must have a reason there can't be no reason land is being released to the state. The procedure for the release of that right is there is preparation, planning, implementation and release, and the release of the land rights is always followed by compensation.

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

scholarly journals ANALISIS KINERJA PENGELOLAAN ZAKAT DI BADAN AMIL ZAKAT NASIONAL (BAZNAS) KOTA YOGYAKARTA

2020 ◽  
Vol 11 (1) ◽  
Author(s):  
M Samsul Haidir
Keyword(s):  
Mixed Method ◽  
Survey Methods ◽  
Sampling Technique ◽  
Relationship With God ◽  
Purposive Sampling ◽  
The Government ◽  
Index Value ◽  
The Right ◽  
To Receive

AbstractZakat is a means of worship that must be fulfilled by Muslims, where it involves a servant's horizontal relationship with God. The realization of the collection of zakat and infaq by BAZNAS in Yogyakarta in 2016 reached 4.38 billion rupiah. As for the purpose of this study is to evaluate the performance of the government and society in managing zakat, the performance of zakat institutions, and the influence of zakat on the welfare of those who have the right to receive zakat in Yogyakarta. This research was conducted using survey methods through interviews using questionnaires. Samples were selected using purposive sampling technique. The analysis was carried out using the National Zakat Index using the Mixed Method. The results showed that the performance of zakat management in Yogyakarta was quite good with an index value of 0.4878. 

The Applicability of the Laws of War to Judea and Samaria (the West Bank) and to the Gaza Strip

1990 ◽  
Vol 24 (3-4) ◽  
pp. 485-506 ◽  
Author(s):  
Nissim Bar-Yaacov
Keyword(s):  
Supreme Court ◽  
Gaza Strip ◽  
Geneva Convention ◽  
Laws Of War ◽  
The West ◽  
Full Agreement ◽  
The Supreme Court ◽  
The Hague ◽  
The Government ◽  
The Gaza Strip

In her instructive article, Professor Lapidoth discussed, inter alia, the applicability of the laws of war to the territories administered by the Israel Defence Forces since the Six Day War of 1967. Being in full agreement with Professor Lapidoth that from the legal standpoint the situation is in need of improvement, I wish to deal more extensively with two questions: (1) What is the position of the Government of Israel regarding the applicability to Judea and Samaria and to the Gaza Strip of the Hague Regulations of 1907 respecting the Laws and Customs of War on Land, and of the Fourth Geneva Convention of 1949 relative to the Protection of Civilian Persons in Time of War? (2) What is the position of the Supreme Court with regard to the applicability of the Regulations and the Convention to these territories.

Israel–Palestine Liberation Organization: Interim Agreement on the West Bank and the Gaza Strip, with Selected Annexes

1997 ◽  
Vol 36 (3) ◽  
pp. 551-649 ◽  
Keyword(s):  
Judicial Review ◽  
West Bank ◽  
Gaza Strip ◽  
The West ◽  
Palestine Liberation Organization ◽  
The Public ◽  
Executive Authority ◽  
The Gaza Strip

[Transfer of Israeli authority to the Council (see Annexes I and III); Palestinian elections (see Annex II); structure of the Palestinian Council; size of the Council; the Executive Authority of the Council; other Committees of the Council; all meetings are open to the public except meetings of the Executive Authority and meetings that the Council rules are subject to security or confidentiality concerns; judicial review; powers and responsibilities of the Council]

scholarly journals Uncharacteristic foreign policy behavior: Sharon’s decision to withdraw from Gaza

2019 ◽  
Vol 22 (1) ◽  
pp. 76-92 ◽  
Author(s):  
Baris Kesgin
Keyword(s):  
Foreign Policy ◽  
Middle East ◽  
Prime Minister ◽  
Gaza Strip ◽  
Policy Preferences ◽  
Policy Positions ◽  
Temporary Change ◽  
Leadership Trait Analysis ◽  
The Gaza Strip ◽  
Over Time

When leaders depart from their long-held, publicly known policy positions, one possible explanation is changes in their personality. This paper inquires about one example: Ariel Sharon’s withdrawal from the Gaza Strip. Middle East observers long believed that Sharon was one of the last Israelis to cede any territory to Palestinians; alas, that became the decision to mark Sharon’s reign as prime minister. The “bulldozer” decided to evacuate the homes he had built. Assuming that Gaza disengagement implied a significant reassessment of Sharon’s previously held policy preferences, this paper asks if Sharon changed. Using leadership trait analysis, the paper develops two profiles of Sharon, before and during his premiership. Sharon is then profiled in three phases during his tenure: first term, second term until the announcement of disengagement, and until the end of his tenure. In making his decision, Sharon temporarily became a complex thinker, yet did not change in his distrust or develop empathy to the Palestinians. The findings suggest that leaders can experience a fundamental but temporary change to implement radically different decisions, and confirm that leaders’ traits are stable over time.

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