Since 1991, the Israeli-Palestinian drama has shifted from the tragic course of war and violence, to a framework for peace. Israel's sovereignty is a fait accompli. The geo-political form of Palestinian self-determination is to be shaped by both parties, taking into account regional reality and international law. / This study serves as a modest examination of the application of certain international law concepts in settling two conflicting national aspirations within a unique factual context. / The main theoretical definitions of self-determination and its legal status in international law are first reviewed, along with the socio-juridical aspect of nationhood. The analysis of those topics constitutes a starting point for discussing basic Palestinian legal arguments related to Israel's right to exist, as well as to the scope of Palestinian national entity. / The abandonment of "armed struggle" as a legitimate course of action, and of Palestinian legal claims justifying a hostile policy against Israel, are necessary pre-conditions for co-existence, in which each nation determines its political fate. / Another vital element for the realization of such a modus vivendi is the development of a relationship built on trust. A restrained application of Palestinian self-determination might be necessary in the interim. The complete expression of Palestinian free will is, for many, still a utopian idea. Its achievement is largely dependant upon the negation of Palestinian legal claims which are aimed at the invalidation of Israel as a legitimate, sovereign state.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.69766 |
| Date | January 1993 |
| Creators | Raz, Edny |
| Contributors | Toope, S. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001349729, proquestno: AAIMM91893, Theses scanned by UMI/ProQuest. |
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