Browsing by Author "Qafisheh, Mutaz"

The 2016 Palestinian Juvenile Protection Law: A Quest for Further Reform

Qafisheh, Mutaz (International Journal for Legislative Drafting and Law Reform, London, 2016)

The State of Palestine became party to the International Convention on the Rights of the Child of 20 November 1989 (CRC) on 2 April 2014. Less than two years later, on 4 February 2016, President Mahmoud Abbas enacted ...

The Ability of the Palestinian Legal System to Secure Adequate Standards of Living: Reform or Failed State Duty

Qafisheh, Mutaz (Cambridge University Press, 2013)

In parallel with its efforts to become a full member of the United Nations (UN) and its specialized agencies, Palestine needs to take the implications of joining such organizations in earnest. Admission to the UN, in ...

Article 1D (Commentary on Article 1D of the 1951 Refugee Convention)

Qafisheh, Mutaz; Azarov, Valentina (Oxford University Press, Oxford, UK, 2011)

Article 1 D forms part of the first article of the 1951 Convention which is dedicated, as appears from its heading, to the 'definition of the term “refugee”'. Section D is one of four sections (Art. 1 C, D, E, and F) that ...

Bases for the Palestinian Refugees’ Right of Return under International Law: Beyond General Assembly Resolution 194

Qafisheh, Mutaz (University of Cambridge, UK, 2012)

The legal bases for return can be found in eight branches of international law: (1) inter-State nationality law, (2) law of State succession, (3) human rights law, (4) humanitarian law, (5) law of State responsibility, (6) ...

Borders of the State of Palestine Under International Law for the Purpose of ICC Territorial Jurisdiction

Qafisheh, Mutaz (International Criminal Court (Publication No. ICC-01/18-72), The Hague, Netherlands, 2020-03-15)

Section I of this publication explores the borders of the State of Palestine with Jordan and Egypt as were drawn and legally recognized and settled before May 1948. Section II then demonstrates that the borders that have ...

A Century of the Legal Profession in Palestine: Quo Vadis?

Qafisheh, Mutaz (International Journal of the Legal Profession, Routledge, Oxford, 2018)

The main challenge encountered by the law profession in Palestine throughout its hundred-year history is the division over political lines. The split started with the establishment of Palestinian Jewish and Arab Bar ...

Citizens of the State of Palestine and the Future of Palestinian Refugees

Qafisheh, Mutaz (Cambridge Scholars Publishing, Newcastle, UK, 2013)

Palestinian refugees constitute many different groups, depending on the status accorded to them in their places of residence. Thus, they may be considered as ordinary refugees, stateless, immigrants, permanent residents, ...

Clinical Legal Education in Palestine: A Clinical Case under Military Occupation

Qafisheh, Mutaz (Palgrave Macmillan, New York, 2015)

Patrick Geddes’ slogan ‘think global, act local’ is reversed in the case of the Legal Clinic of Hebron University. Although started to serve the local community in a relatively marginalized area in a southern Palestine’s ...

Clinicalism: An Emerging Theory in Legal Pedagogy

Qafisheh, Mutaz (Transnational Legal Theory: A Quarterly Journal (on Scopus), Taylor & Francis (Routledge), London, 2020-10-21)

With growing global scholarship on clinical education, a theory in the field of legal pedagogy is emerging. Such a theory identifies clinical concepts, defines clinical education’s roots, goals, nature, values, content, ...

The Coexistence of Diverse Legal Traditions in a Single Territory: The Case of the Freedom of Expression in Palestine

Qafisheh, Mutaz (Mediterranean Journal of Human Rights, University of Malta, 2014)

This paper examines the coexistence among the three legal traditions in Palestine (continental law, common law and Islamic law) by revising various legislative pieces relating to the freedom of expression and comparing ...

The Consistency of the Applicable Legislation in Palestine with International Law: The Two Human Rights Covenants

Qafisheh, Mutaz (Office of the High Commissioner for Human Rights (OHCHR), United Nations, Geneva and Ramallah, 2014)

After its establishment, the State of Palestine would have, like any State, a set of rights under various branches of international law. It could become member of international courts, international organizations, party ...

Defining the Role of National Human Rights Institutions with Regard to the United Nations Human Rights System

Qafisheh, Mutaz (Independent Commission for Human Rights, Ramallah, Palestine, 2004)

The present study intends to define the legal status of National Human Rights Institutions (NHRIs) in their relations with the UN human rights system. It is therefore attempting to answer two main questions. First, is there ...

The Dilemma of Legislative Reform in Line with International Standards on Gender Equality in the Islamic World: The Case of Palestine

Qafisheh, Mutaz (International Journal for Legislative Drafting and Law Reform, London, 2013)

While declaring its commitment to women rights, for example by its Basic Law and presidential decrees; Palestine has still long way to go with regard to reforming its legislation that undermines women rights and the ...

Domicile in Palestine

Qafisheh, Mutaz (Journal of Law and Judiciary, Palestinian Legislative and Verdict Bureau, 2000)

This article (in Arabic) deals with the question of domicile in Palestine for various legal purposes, including resolving conflict of laws issues, judicial notifications, and domestic and foreign court jurisdictions. It ...

Educational and Cultural Obligations of Palestine

Qafisheh, Mutaz (University of Essex, London, 2015)

Substantial legislation relating to education and culture in Palestine stems from past periods; most legislative enactments have been adopted before the International Covenant on Economic, Social and Cultural Rights to ...

Ethics of the Legal Profession in Palestine

Qafisheh, Mutaz (Fordham International Law Journal, University of Fordham, New York, 2018)

On 3 April 2016, the Council of Palestinian Bar Association (PBA) adopted the long-awaited ‘Legal Profession Code of Ethics’. This Code came after a century of legal profession’s practice in Palestine. Throughout the past ...

Experimental Legal Education in a Globalized World: The Middle East & Beyond

Qafisheh, Mutaz; Rosenbaum, Stephan (Cambridge Scholars Publishing, Newcastle, UK, 2016)

Legal education is currently undergoing a paradigm shift. Traditional law instruction, lecturing and memorizing have become a fading fashion, with legal clinics increasingly cropping up. These allow law students to practice ...

Genesis of Nationality and Migration in Palestine and Israel 1917-1925

Qafisheh, Mutaz (Martinus Nijhoff, The Hague, 2009)

This paper addresses the status of the inhabitants of the territory that became known as “Palestine” (which had been part of the Ottoman-Turkish Empire since 1516), from the beginning of the British occupation on 9 December ...

Human Rights at the Time of Transition: How Security Forces Can be Held Accountable in a Divided Community?

Qafisheh, Mutaz (Oxford University Press, 2020-01-09)

The Palestinian Authority has established various mechanisms to monitor its security forces and hold them accountable over human rights violations. This article explores and assesses the accountability measures that deal ...

Human Rights Gaps in the Palestinian Criminal System: A United Nations Role?

Qafisheh, Mutaz (Taylor & Francis (Routledge), London, 2012)

The Palestinian Authority has, thus for, no obligation under human rights treaties. The authority is not required, as such, to report to the United Nations treaty-bodies. People under Palestinian jurisdiction cannot resort ...

Browsing by Author "Qafisheh, Mutaz"

Browsing by Author "Qafisheh, Mutaz"

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