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Title: Rule of law and development in Palestine
Authors: Khalil, Asem
Keywords: Law and economic development - Palestine;Legalization;Rule of law - Palestine;Legislative bodies - Palestine
Issue Date: 2010
Publisher: Cornell University, Law School
Abstract: I will try to show how the establishment of the Palestinian Authority as such constituted a breakthrough for the possibility to establish the Rule of Law in Palestine after Oslo; to establish a system substantially different from the Israeli military government of the “areas” that fell under its control in 1967, deemed “occupied territory” by the international community. A systematic change in legal system had been undertaken since then. Those changes are sine qua non for the establishment of Rule of Law system. Those efforts of legal reform, I will argue, may lead to the opposite of what the Rule of Law is. The fact that such a process took place under the Palestinian Authority, while Israeli occupation persisted, is one of the main factors to reaching that outcome. The risk I will try to shed the light on is that whenever international community supports top – down reforms will end up supporting and consolidating authoritarian practices.
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