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Browsing Journals by Author "Qafisheh, Mutaz"

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Browsing Journals by Author "Qafisheh, Mutaz"

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  • 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 ...
  • 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) ...
  • 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 ...
  • 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 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 ...
  • 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 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 ...
  • Implementation of Human Rights Conventions at the National Level: The Case of Palestine 
    Qafisheh, Mutaz; Osayd Awawda (International Review of Law, Qatar University Press, 2020-12-03)
    The accession of the State of Palestine to seven core human rights conventions provides an opportunity for lawyers and judges for implementing those conventions at the domestic level, especially in a plural legal system ...
  • The International Status of National Human Rights Institutions: A Comparison with NGOs 
    Qafisheh, Mutaz (University of Oslo, 2013)
    Although working at the country level, national human rights institutions (NHIR) do contribute to the international human rights process. In working within the UN human rights system, national institutions are neither an ...
  • The Interplay between International Human Rights and Labour Rights in Palestine 
    Qafisheh, Mutaz (Brunel University, London, 2013)
    Palestine has long way to bring its legal system in conformity with international labour standards. The lack of respect of such standards, as the special law with regard to the human right to work, might hinder the effective ...
  • Juvenile Justice System in Palestine: Current Situation and Reform Prospects 
    Qafisheh, Mutaz (Oxford University Press, 2011)
    The Palestinian Authority is under obligation to observe international human rights standards relating to children in conflict with the law. However, the authority has done little to improve the juvenile justice system. ...
  • Legislative Drafting in Transitional States: The Case of Palestine 
    Qafisheh, Mutaz (International Journal for Legislative Drafting and Law Reform, London, 2014)
    This paper explores the ongoing efforts of Palestinian legislative drafters to comply with modern standards in the drafting of legislation. It presents an example on how new States might start legislating from scratch and ...
  • Legislative Process in Palestine 
    Qafisheh, Mutaz (International Judicial Academy, Washington, D.C., with assistance from the American Society of International Law, 2013)
    The applicable law in Palestine is mixed of various legal systems. While the Ottoman legislation was based on Islamic Law and Continental Law, legislation that was enacted by Britain until May 1948 came as a reflection of ...
  • Nationalizing International Criminal Law in Palestine: The Challenge of Complementarity 
    Qafisheh, Mutaz (Brill, Nijhoff, The Hague, 2016)
    After becoming a state party to the Rome Statute of the International Criminal Court (ICC), Palestine needs to adopt a comprehensive legislation and to adapt its institutions to implement the Statute nationally. The ...
  • An Ongoing Anomaly: Pre- and Post World War II Palestinian Refugees’, International Journal of Refugee Law 
    Qafisheh, Mutaz (Oxford University Press, 2015)
    Present resembles past with regard to the case of Palestinian refugees. This article shows that the plight of these refugees dates back not only to 1948, but to as early as 1925. The status of Palestinian refugees scattered ...
  • Palestinian Citizenship Law: A Proposal 
    Qafisheh, Mutaz (Yearbook of Islamic and Middle Eastern Law, Brill/Nijhoff, The Hague and New York, 2021-01-02)
    This study is written in an unconventional way. It presents draft articles based on a research conducted by the writer over the past two decades, showing the status of the various categories of Palestinians based on ...

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