2017
DOI: 10.1515/eplj-2017-0007
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Private Property and Public Power in the Occupied West Bank

Abstract: Does an Occupying Power have a duty to protect private property rights of protected persons against acts of its own citizens? What is the extent of such a duty? This paper argues that under belligerent occupation, land disputes between individuals of both sides of the conflict are

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Cited by 2 publications
(2 citation statements)
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“…To avoid granting Palestinians citizenship, Israel never declared formal sovereignty over the West Bank and Gaza Strip. Its legal system never recognized collective Palestinian legal claims (Levine‐Schnur 2017, 124), and unlike many other settler states, it has not adopted formal Indigenous rights frameworks. Nationally, Palestinians base legal claims against the Israeli state on private property, and activists and organizations often deploy a language of property rights violations to make Palestinian demands legible to international audiences.…”
Section: Land Property and Territorymentioning
confidence: 99%
See 1 more Smart Citation
“…To avoid granting Palestinians citizenship, Israel never declared formal sovereignty over the West Bank and Gaza Strip. Its legal system never recognized collective Palestinian legal claims (Levine‐Schnur 2017, 124), and unlike many other settler states, it has not adopted formal Indigenous rights frameworks. Nationally, Palestinians base legal claims against the Israeli state on private property, and activists and organizations often deploy a language of property rights violations to make Palestinian demands legible to international audiences.…”
Section: Land Property and Territorymentioning
confidence: 99%
“…Instead, it is an integral aspect of rationally using and allocating land. From the metropolitan core (Rabinowitz 1994) to the hinterlands (Levine‐Schnur 2017), Israeli law and administration deal with the problems that result as colonial expansion encounters Palestinians as property owners. Palestinian ownership can complicate zoning, investment, and construction, creating costly delays; it can shift the locations of neighborhoods and the paths of walls and roads; and it can even contribute to the collapse of planned ventures.…”
Section: Provisional Prospects and Universal Rightsmentioning
confidence: 99%