The Status of Palestinian Refugees in International Law

Front Cover
The conflict over Palestine has produced one of the most tragic and compelling refugee crises of the post Second World War era. In the Palestinian-Israeli Declaration of Principles, signed at Washington, DC, in 1993, the fate of the 3.4 million Palestinian refugees was identified as one ofthe outstanding issues to be addressed in subsequent negotiations.This book explores the status of Palestinian refugees in international law focusing both on the position of Palestinians in the Arab world and in Western countries. It contains a thorough and useful analysis of various areas of international law, including refugee law, the law relating tostateless persons, humanitarian law, and human rights law, and probes their relevance to the provision of international protection for Palestinian refugees within the context of the Middle East peace process.
 

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Contents

Selected Abbreviations
xix
Table of Treaties and other International Instruments
xxv
Palestinian refugees 49
xli
the legal status of Palestinian refugees in
xli
Other attempts at providing international protection 311
xli
Introduction
1
Historical background
8
The number of Palestinian refugees and their geographical
18
Humanitarian law
196
The position of Palestinian Refugees in the territories
211
The relevance of the PLOIsraeli Declaration of Principles
218
Some conclusions
226
The right to selfdetermination
250
Family reunification and the principle of unity of the family
262
Concluding remarks
272
the role
280

The Madrid peace process and its relevance for Palestinian
32
Scope of the study
40
General remarks on the notion of Palestinian refugee
49
The UNRWA definition of a Palestine refugee
68
The 1951 Convention relating to the status
86
Other aspects of article 1
123
The status of Palestinian refugees in
131
Law relating to stateless persons
175
Convention relating to the Status of Stateless Persons
185
Convention on the Reduction of Statelessness
191
Protection of Palestinian refugees residing outside UNRWAs
304
Some conclusions
315
Possible scenarios for the permanent status of the Palestinian
327
The permanent status negotiations on the refugee issue
332
Summary and conclusions
345
ANNEXES
359
UNRWA instructions concerning registration and eligibility
368
Bibliography
379
Index
403
Copyright

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About the author (1998)


A Dutch national, Dr. Lex Takkenberg was born in 1959 in Zaandam, the Netherlands. After graduating from the Scholengemeenschap Casimir (athenaeum B) in Amstelveen, the Netherlands, he earned advanced degrees in international law (1983) and Dutch law (1985) from the University of Amsterdam. In February 1997, he successfully defended his doctoral dissertation The Status of Palestinian Refugees in International Law at the University of Nijmegen, the Netherlands.

Since 1989 he has worked with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) and currently occupies the post of Chief, Field Relief and Social Services Programme in the Gaza Strip. In this capacity he is responsible for UNRWA's direct relief programmes and developmental social services programmes in the Gaza Strip (totalling US $45 million in 1996-97). He also supervises the records of 750,000 Palestine refugees registered with the Agency. Since joining UNRWA, he has also worked in the West Bank and Syria. In the West bank he was part of a protection programme initiated by the Agency after the start of the Palestinian uprising. He headed UNRWA missions to Kuwait (1992) and the Egyptian-Libyan border (1995-96).

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