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The Global Community Yearbook of International Law and Jurisprudence 2018$
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Giuliana Ziccardi Capaldo

Print publication date: 2019

Print ISBN-13: 9780190072506

Published to Oxford Scholarship Online: September 2019

DOI: 10.1093/oso/9780190072506.001.0001

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Demilitarizing Palestine

Demilitarizing Palestine

A Flawed Legal Approach to Middle East Peace

Chapter:
(p.191) Demilitarizing Palestine
Source:
The Global Community Yearbook of International Law and Jurisprudence 2018
Author(s):

Louis René Beres

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190072506.003.0009

In principle, at least, Israeli Prime Minister Benjamin Netanyahu has made his country’s acceptance of Palestinian statehood contingent upon prior Palestinian “demilitarization.” This expressed contingency, however, is potentially contrary to pertinent international law, especially those norms regarding any sovereign state’s peremptory rights to self-defense. It follows, as this article will clarify, that potentially a new Palestinian state could permissibly abrogate any pre-independence commitments it had once made to remain demilitarized, and that reciprocally Israel ought never base its related security expectations upon any such mutable diplomatic promises. Ultimately most important, as the article concludes, is that national leaders all over the world finally begin to take seriously the organic “oneness” of our world legal order, and accordingly look toward identifying some promisingly coherent replacements for our time-dishonored Realpolitik or “Westphalian” world system.

Keywords:   demilitarization, Palestinian statehood, permissibly abrogation, self-defense, Westphalian world system, Realpolitik

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