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Steven E Zipperstein - Zionism, Palestinian Nationalism and the Law: 1939-1948

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Book:
Zionism, Palestinian Nationalism and the Law: 1939-1948
Author:
Steven E Zipperstein
Publisher:
Routledge
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Books / Politics
Year:
2021
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ZIONISM, PALESTINIAN NATIONALISM AND THE LAW

During the last decade of the British Mandate for Palestine (19391948), Arabs and Jews used the law as a resource to gain leverage against each other and to influence international opinion. The parties invoked transformational legal framing to portray the essentially political-religious conflict as a legal dispute involving claims of justice, injustice, and victimisation, and giving rise to legal/equitable remedies.

Employing this form of narrative and framing in multiple trials during the first 15 years of the Mandate, the parties continued the practice during the last and most crucial decade of the Mandate. The term trial provides an appropriate typology for understanding the adversarial proceedings during those years in which judges, lawyers, witnesses, cross-examination, and legal argumentation played a key role in the conflict. The four trials between 1939 and 1947 produced three different outcomes: the one-state solution in favour of the Palestinian Arabs, the no-state solution, and the two-state solution embodied in the United Nations November 1947 partition resolution, culminating in Israels independence in May 1948.

This study analyses the role of the law during the last decade of the British Mandate for Palestine, making an essential contribution to the literature on lawfare, framing and narrative, and the Arab-Israeli conflict.

Steven E. Zipperstein, a former US federal prosecutor, is a Senior Fellow at the UCLA Center for Middle East Development and a Lecturer in the UCLA Luskin School of Public Affairs and the UCLA Global Studies program, and in the Department of History at UC Santa Barbara. Zipperstein is also a Visiting Professor of Law at Tel Aviv University, and is the author of Law and the Arab-Israeli Conflict: The Trials of Palestine (Routledge, 2020).

UCLA CENTER FOR MIDDLE EAST DEVELOPMENT (CMED)

Series Editors: Steven Spiegel, UCLA

Elizabeth Matthews, California State University, San Marcos

The UCLA Center for Middle East Development (CMED) series on Middle East security and cooperation is designed to present a variety of perspectives on a specific topic, such as democracy in the Middle East, dynamics of Israeli-Palestinian relations, Gulf security, and the gender factor in the Middle East. The uniqueness of the series is that the authors write from the viewpoint of a variety of countries so that no matter what the issue, articles appear from many different states, both within and beyond the region. No existing series provides a comparable, multinational collection of authors. Thus, the series presents a combination of writers from countries who, for political reasons, do not always publish in the same volume. The series features a number of sub-themes under a single heading, covering security, social, political, and economic factors affecting the Middle East.

19. The Foreign Policy of Smaller Gulf States

Size, Power, and Regime Stability in the Middle East

Mt Szalai

20. Zionism, Palestinian Nationalism and the Law

19391948

Steven E. Zipperstein

21. Elections and Public Opinion in Turkey

Through the Prism of the 2018 Elections

Edited by Ali arkoglu and Ersin Kalaycoglu

For more information about this series, please visit: https://www.routledge.com/UCLA-Center-for-Middle-East-Development-CMED-series/book-series/CMED

First published 2022

by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge

605 Third Avenue, New York, NY 10158

Routledge is an imprint of the Taylor & Francis Group, an informa business

2022 Steven E. Zipperstein

The right of Steven E. Zipperstein to be identified as author of this work has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data

Names: Zipperstein, Steve E., author.

Title: Zionism, Palestinian nationalism and the law : 1939-1948 / Steven E. Zipperstein.

Description: Abingdon, Oxon ; New York, NY : Routledge, 2022. | Series: UCLA Center for Middle East Development (CMED); 20 | Includes bibliographical references and index.

Subjects: LCSH: Constitutional historyPalestineHistory20th century. | PalestinePolitics and government19171948. | Jewish-Arab relations. | PalestineInternational statusHistory20th century.

Classification: LCC KMQ1210 .Z57 2022 (print) | LCC KMQ1210 (ebook) | DDC 342.009/5694dc23

LC record available at https://lccn.loc.gov/2021028410

LC ebook record available at https://lccn.loc.gov/2021028411

ISBN: 978-1-032-12581-7 (hbk)

ISBN: 978-1-032-12584-8 (pbk)

ISBN: 978-1-003-22526-3 (ebk)

DOI: 10.4324/9781003225263

Typeset in Bembo Std

by KnowledgeWorks Global Ltd.

To the Memory of my Father

Contents

PART I Theoretical framework
1. Framing the Israeli-Palestinian conflict
PART II The London Conferences Zionism on trial and the one-state solution
1. Prelude to the London Conferences
2. The London Conferences
3. The White Paper
4. Appeal to the Permanent Mandates Commission
5. Assessment
PART III The Anglo-American Committee of Inquiry British policy on trial and the no-state solution
1. Enter America: Formation of the Anglo-American Committee
2. Committee hearings
3. Deliberations and verdict
4. Britain undermines the verdict: The Morrison-Grady provincial autonomy plan
5. Assessment
PART IV UNSCOP and the UN Ad Hoc Committee Palestinian nationalism on trial and the two-state solution
1. UNSCOP hearings and verdict
2. Ad Hoc Committee hearings and verdict
3. The United Nations and the two-state solution
4. Assessment
PART V Legal consequences
1. Legal implications of the Palestinian Arab rejection of the United Nations 1947 offer of statehood
Conclusion

PART I Theoretical framework
1. 1 Framing the Israeli-Palestinian conflict
PART II The London Conferences Zionism on trial and the one-state solution
1. 2 Prelude to the London Conferences
2. 3 The London Conferences
3. 4 The White Paper
4. 5 Appeal to the Permanent Mandates Commission
5. 6 Assessment
PART III The Anglo-American Committee of Inquiry British policy on trial and the no-state solution
1. 7 Enter America: Formation of the Anglo-American Committee
2. 8 Committee hearings
3. 9 Deliberations and verdict
4. 10 Britain undermines the verdict: The Morrison-Grady provincial autonomy plan
5. 11 Assessment

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