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Please use this identifier to cite or link to this item: http://hdl.handle.net/1807/18952

Title: A Substantive Void: Dependency, Conditionality, and Deformalization of the International Law of Self-determination in the Case of Palestine
Authors: Taha, May
Advisor: Bhuta, Nehal
Department: Law
Keywords: international law of self-determination
Colonialism and the mandate system
conditionality in international law
Self-determination in the Occupied Palestinian Territories
Issue Date: 16-Feb-2010
Abstract: Be it the Algerian National Liberation Front, the African National Congress in South Africa or the continued struggle of the Palestinian people, the principle of self-determination is largely central to all projects of national liberation. This paper addresses what is arguably a deficient conception of self-determination by highlighting two factors that contributed to this deficiency. The first is the re-enforcement of dependency in self-determination projects by international institutions, primarily through the Mandate System. The second is a merit-based system of conditionality for the granting of independence, accompanied by a tendency to deformalize the law, relegating self-determination to an empty principle, the substance of which is decided by the negotiations’ context. The case of Palestine is used to demonstrate how those factors are adopted as central means in resolving the Palestinian self-determination problem, which in-turn leads to a deficient conception that does not account for the core content of the right.
URI: http://hdl.handle.net/1807/18952
Appears in Collections:Master
Faculty of Law - Master theses

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