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2018 Comparative Law, Geopolitics, and the Conflict in Palestine: Disciplined Disengagement and the Commons Solution Ugo Mattei UC Hastings College of the Law, [email protected]

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Recommended Citation Ugo Mattei, Comparative Law, Geopolitics, and the Conflict in Palestine: Disciplined Disengagement and the Commons Solution Global Jurist 2018-0008 (2018). Available at: https://repository.uchastings.edu/faculty_scholarship/1682

This Article is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Automatically generated rough PDF by ProofCheck from River Valley Technologies Ltd aetreoeacigtertclpit att aei hspprta npr ymtvto odiscuss, to motivation my inspire that paper Palestine. in this plunder in law, comparative make of to want context I the in points theoretical overarching three have I paper this of structure and Aims 2 1 Solution Commons the and Disengagement Disciplined Palestine: in Conflict the and Geopolitics, Law, Comparative Mattei Ugo GRUYTER DE 08Wle eGutrGb,Berlin/Boston. 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Press See and settlements, 13 Palestinian hundred see 2012). concept, several Press this Univ. of of discussion 1948; see abandonment a in in For or Union war Soviet destruction 12 Arab-Israeli the territory, first of their the fall during of Palestinians the 11 majority 700,000 with than the ended more of and of Palestinians displacement 1917 by of Revolution Loss October term 10 the the after use immediately I started See 1947, 1991. that in law started capitalist technically and War socialist Cold the While 9 spectacle. concentrated See 8 https://www.marxists.org/archive/lenin/works/1916/imp-hsc/. see See laws, comparing 7 of purposes Materials the Text, on Cases, debate a For see 6 exceptionalism, such Gaza to and challenge Bank brilliant a For 5 4 see apartheid, of Territories discussion a For in 3 developed as plunder guilt. of 2008). individual notion Publ’g and the national use addressing by I and documentary Trials four-and-one-half-hour Nuremberg 2 related the and of atrocities moments Nazi concluding of the in Justice of Menuhin, Memory Yehudi The conductor and Violinist 1 Notes 10 See 27 http://www.securitycouncilreport.org/un-documents/israelpalestine/. 2018), Report Council (Sec. book least new at former’s by Harvard on the book advocate Finkelstein a with solution Two-State Norman of connection of Professor appearance publication in DePaul this issuebecomes joint contemporaneous concluded, then when the the latter and was Dershowitz on feud) the subsequent Alan or particularly in the (and Academy, Law event example of diplomatic infamous Professor or One phenomenon interlocutors. political, arecurring the military, of well-publicized one are a conflict on Israeli-Palestinian based the topical on debates Public 25 https://www.irishtimes.com/opinion/letters/israel-and-the-palestinians-1.896017. 24 States Mattei, https://www.google.com/&httpsredir=1&article=2287&context=faculty_scholarship. Ugo African See 23 fe ofae with conflated often with 28 Ibid aclLemn sal aetn n Zionism and Palestine Israel, e. See, 7 Liebman, Marcel Islands Philippine the and States United The Burden: Man’s White The e. See, e,e. See, Ashkenazim – Sephardim 07 nldn eetdScrt oni eouin n eea sebyDcmns see Documents, Assembly General and Resolutions Council Security selected including 2017, t82 at . u eod ascééd spectacle du société La Debord, Guy Yuue21) tp:/w.otb.o/ac?=6ooaR,a 0mnts rfso Finkelstein Professor minutes. 10 https://www.youtube.com/watch?v=C6To-o-aiRg, at 2017), (YouTube la esn sal h etBn n nentoa Law International and Bank West the Israel, Gerson, Allan acaGle h sal ea System Legal Israeli The Gelpe, Marcia Commonwealth Negri, Antonio & Hardt Michael West the and East Middle the Between Dialogues Dignity: and Culture Nader, Laura rsAmn aiy&Cut ea utr n oent nLt toa Palestine Ottoman Late in Modernity and Culture Legal Court: & Family Agmon, Iris ereEieBsaa,PlsiinLwesadIreiRl:LwadDsre nteWs Bank West the in Disorder and Law Rule: Israeli and Lawyers Palestinian Bisharat, Emile George Mattei meils,teHgetSaeo Capitalism of Stage Highest the Imperialism,

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(First g ati&LuaNdr lne:We h ueo a sIllegal Is Law of Rule the When Plunder: Nader, Laura & Mattei Ugo another “ Crln cdmcPes21)a 444 at 2013) Press Academic (Carolina twsIre’ nhsamfrlwadteont eaimo h fiildsorethat discourse official the of legalism ornate the and law for enthusiasm Israel’s was It nitta h eyeitneo rfsinllweigi aetn a eni reaction in been has Palestine in lawyering professional of existence very the that insist , “ ru.Ifudta rtyshocking. pretty that found I fraud. 17 2 21)(rsne n8Ags 01a h 01PcfcMGog okhpon Workshop McGeorge Pacific 2011 the at 2011 August 8 on (presented (2013) 123 hn h esnUoMte n eeal owietebo sefont above] 3 footnote [see book the write to able were I and Mattei Ugo reason the think I iaHja,Cutn ofit h sal iiayCutSse nteWest the in System Court Military Israeli The Conflict: Courting Hajjar, Lisa g .Mte,TeuRsoa&AtnoGd,SheigrsCmaaieLaw: Comparative Schlesinger's Gidi, Antonio & Ruskola Teemu Mattei, A. Ugo – 5(90,https://repository.uchastings.edu/cgi/viewcontent.cgi?referer= (1990), 55 HradUi.Pes2009). Press Univ. (Harvard … in os hncapitulation. than worse ldmrI ei,Slce ok,Vl 1 Vol. Works, Selected Lenin, I. Vladimir “ h aefrIsrael for Case The ogCl War Cold long , 89 Yuue21) https://www.youtube.com/watch?v=3ux4JU_sbB0. 2012), (YouTube Frte.Cs 98.Fracs ovrostpclU ouet over documents UN topical various to access For 1978). Cass ed. (First – sa 89pe yRdadKpigaotteAeia coloniza- American the about Kipling Rudyard by poem 1899 an is h rs Times Irish The 0 BinPac rn. h oils eitr1970), Register Socialist The trans., Pearce (Brian 109 Mizrahim Scn d es 2015). Verso ed. (Second ” oald oteams 5ya ofotto between confrontation 75-year almost the to allude to ” – , 46. Frte.CmrdeUi.Pes2007). Press Univ. Cambridge ed. (First Jw rmteMdl at;tetidctgr is category third the East); Middle the from (Jews “ eorc Now! Democracy rDrhwt a occe fraud a concocted has Dershowitz Mr ” 1Fbur 08(pno:Letter), (Opinion: 2008 February 21 , Rpite.HyaktBos2014). Books Haymarket ed. (Reprint Dershowitz lne nPalestine in Plunder HradUiest rs 2013). Press University (Harvard ” Srcs nv rs 2005). Press Univ. (Syracuse Frte.WlyBakel2012). Wiley-Blackwell ed. (First etl lmn oeo Israel? of Love Ollman, Bertell …” NDcmnsfrIsrael/Palestine for Documents UN ar Nader, Laura – n2 etme 03 nwhich in 2003, September 24 on iklti eae(Democracy Debate Finkelstein ” (49). — Rpite.Ui.o Tex. of Univ. ed. (Reprint below. isl h hl fNazi of child the himself “ omnG Finkelstein, G. Norman elzdsocialism realized Scn d Cambridge ed. (Second a n Intercultural and Law Frte.Blackwell ed. (First Pors 1963), (Progress aclOphuls, Marcel lnPpé The Pappé, Ilan EGRUYTER DE … (Tikkun which ” the Automatically generated rough PDF by ProofCheck from River Valley Technologies Ltd 7Ti iiaysproiyo h ins tt a enmitie adicesd oti a ihtehl fteUie States. 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i.supra cit. AtnoD ar d,I .Tui 06 t147. at 2016) Tauris B. I. ed., Lauri De (Antonio n10 in , eéDvd ail Jauffret-Spinosi Camille David, René in , h ..Gvrmn undAa huad fJws eues ern htTe eeNz Spies Nazi Were They That Fearing Refugees, Jewish of Thousands Away Turned Government U.S. The , h odWradCmaaieLw elcino h oiiso nelculDiscipline of Intellectual the Politics on Reflection A Law: Comparative and War Cold The op. oeeg o l:TeMngmn fRfge sNto-tt Politics Nation-State As Refugees of Management The All: for Sovereign A h uepwr n h rbIreiPltclStlmn:TeCl a Years War Cold The Settlement: Political Arab-Israeli the and Superpowers The “ 137 Gelpe nentoa nylpdao oprtv a:Ntoa Reports National Law: Comparative of Encyclopedia International 1 sarsl fMmukdsrcini h osa li hsae eandams mt fpplto ni Jewish until population of empty almost remained area this plain coastal the in destruction Mamluck of result a As “

i.supra cit. ot fia ie ytmSbett rncnigForces Transcending to Subject System Mixed A Africa: South twsIre’ nhsamfrlwadteont eaimo fiildsoreta aaye h eeomn of the development catalyzed that discourse official of legalism ornate the and law for enthusiasm Israel’s was it iet icpiePrivatistiche Discipline Digesto – . sal raigaNwLglSse rmDfeetSucsb uit rmDfeetBackgrounds from Different byJurists Sources Different from System Legal New a Creating Israel: 8(02.Hajjar, (2002). 68 — , Dr le uan cwr d. ae-ae 2004). Baden-Baden eds., Schwarz Susanne & Olzen (Dirk AC:TeKn ai oe obn,1946 Bombing, Hotel David King The WATCH: he atrso a:Txnm n hnei h ol’ ea Systems Legal World’s the in Change and Taxonomy Law: of Patterns Three li ichf,Livninduento:Irë tl oent politiqe modernité la et Israël nation: d'une L'invention Dieckhoff, Alain nw sln grabbing land as known op.

i.supra cit. . “ h eeomn faspitctdsse fpiaelwi noeassmn nisgiiatfeature insignificant an assessment one on is law private of system sophisticated a of development The VnaeBose.Rno os 1979). House Random ed. Books (Vintage ila lit ulr oitLaw Soviet Butler, Elliott William t4,adDne cosh&UiShoham, Uri & Schorsch Daniel and 47, at , “ imyroe nwsencneto fterule oflaw the of conception in western rooted firmly op.

h eet on nulEcag n ofrne uiilRve nComparative in Review Judicial Conference: and Exchange Annual Joint Seventh The i.supra cit. ar Mattei, & Capra Gdo ai,Dpn aa-rz&Aao aa d. atPb’ 03 Hr Studies (Hart 2013) Publ’g Hart eds., Barak Aharon & Barak-Erez Daphne Sapir, (Gideon h sal iiayLglSystem Legal Military Israeli The — ” sue ygoa oprtosadsvrinfnsi fiai hi development their in Africa in funds sovereign and corporations global by used is “ oe nhripratbo nteIreimltr or ytmhwcounter- how system court military Israeli the on book important her in notes , ato ftecmo law common the of bastion a & — “ omncore common ai oé e rnsssèe edotcontemporains droit de systèmes grands Les Goré, Marie ein Civile Sezione CmrdeUi.Pes2012). Press Univ. (Cambridge op. atnEemn ors oiis n utr nIsrael in Culture and Politics, Courts, Edelman, Martin

i.supra cit. Kue a n’ 96 t147. at 1996) Int’l Law (Kluwer ” ” rjc ean,ee fe afcentury, half a after even remains, project (58). 0 (1993). 201 . ” Scn d utrots18) e,also, See, 1988). Butterworths ed. (Second 4) o n ftems rmtcadls acknowledged less and dramatic most the of one For (49). ” — in tpe odti osntmninti tt faffairs of state this mention not does Goldstein Stephen ” vriwo h urn iuto n lms nothe into Glimpse a and Situation Current the of Overview , 7) e,as,i similarly in also, See, (79). Örücü “ h ea ytmo Israel of System Legal The ” o-ebrosre tt status State observer non-member h ie fIsrael of Times The (150). in , Oen ulctos1968). Publications (Oceana t16 a eonzdfrSuhArc what Africa South for recognized has 176) at … Muo 93,acrigt whom, to according 1973), (Mouton 105 , h oiiso uaiains:Power, Humanitarianism: of Politics The u vnwt iloso uoenJews European of millions with even But . 45 , ” Frte.Wsve rs 1990): Press Westview ed. (First o.Si Q. Sci. Pol. PictnUi.Pes2016). Press Univ. (Princeton n otiuigt h elknown well the to contributing and Hajjar h m .o op L. Comp. of J. Am. The 65 , Gliad1993). (Gallimard h m .o op L. Comp. of J. Am. The , op. , 557 “ ea ytm Cyclopedia Systems Legal oiial neutral politically

etme 2015, September 3 , i.supra cit. SaeUi.o e York New of Univ. (State 2010 , – in 7(1990 77 Introduction snÖüü Elspeth Örücü, Esin u.Rs Watch Rts. Hum. Frte.Berrett- ed. (First onB Quigley, B. John 1t d Dalloz ed. (12th ” . Frte.Univ. ed. (First – ihamotion a with Mattei 1 t558. at 91) 5 – in 4(1997), 44 Frted. (First “ ” Rudolf Within 567 terms, “ (Gre- with – 11 07 , , Automatically generated rough PDF by ProofCheck from River Valley Technologies Ltd hr a ut i colo thought of school big a quite was There criminals war European major representatives recollects: Shawcross the which Hartley of at trial and 1945, prosecution August also, the Tribunal 8 See, for Military procedure to International of 26 methods the the June upon of https://www.loc.gov/rr/frd/Military_Law/pdf/jackson-rpt-military-trials.pdf. and agreed of held Charter and States Ireland, (negotiations law and Northern substantive United 1949) and of Agreement the Am. Britain principles the Great of of in of Representatives States Culminating Kingdom United the United Republics, State, of the Socialist Negotiations Republic, Soviet French of of the Record Union of Documentary Government Union Provisional A Soviet the Trials: the America, Military of expense on the Conference at Tribunal] national comprehensively), Military [International (and the generally through See, agenda postwar its pursue to States Nuremberg see how delegations, archives, Nuremberg Soviet Soviet and US Rev. Hist. the Am. between The disagreements of descriptions for hand, op. other the On 64 Mattei, Ugo see discussion, supra detailed a For 63 12 great a had Rev. 66 rate, L. any Comp. at & Lena, days Int'l Jeffrey Hastings those & be in Mattei would Americans, Ugo they this. of see and to litigation, martial manifestation opposed court a justice. much drumhead in For very short and very were law 65 a Americans of be The rule should the morning. there in the and belief in caught hand be of should criminals] out war executed [Nazi these that was which 1See 71 See 70 2013). Press Univ. Cambridge ed. trated Jacobson, 2012). J. See Press Arthur Univ. & Cambridge 69 eds., Bleich David Mattei Ugo J. & see Bussani traditions, legal Fadl, Islamic and El Jewish Abou of descriptions For 68 See 67 1974). in tively, 2See 72 7See 77 See 76 See 75 of description a For 73 81 See 80 see Commons 79 approach, the epistemological of an as Life commons the the to to introduction an For 78 hierarchies cultural and conceptualism of vestiges thestudyofconflicts the in escape could upon. Tuori, one relied Kaius direction how had was wholenew showed anthropology a book legal with the earlier What that Moore. Falk anthropology legal Sally of it provided teachings the that understoodin strictly laws groundbreaking than was form rather final its in book of The tradition early the thus: Jurisprudence to Primitive traced in Law be Case and can Conflict approach This 74 523. https://www.marxists.org/archive/marx/works/download/pdf/Capital-Volume-I.pdf at 1883), ed., Engels (Friedrich 7Frsm al tp nasca hoyo h omn,seteforthcoming the see commons, the of theory 2018. Stanford social Policy, a and in Law steps of early some For 87 Postcapitalism to Transformation the the to See according 86 issues security handle to sanders-ben-gurion/. how Assi, on Seraj model See global a 85 as Israel proposing in as exemplified far Barak-Erez, as See law. goes of Barak-Erez rule Daphne example, For 84 https://unispal.un.org/DPA/DPR/unispal.nsf/0/9614F8FC82DCA5DF852575D80069E0C0. 1982), People Palestinian the See 83 Grande, Elisabetta & Inqiry Nader Laura See 82 https://en.wikipedia.org/wiki/The_Road_Not_Taken#/media/File:The_Road_Not_Taken_-_Robert_Frost.png.

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oetFot h odNtTaken Not Road The Frost, Robert Address Farewell Eisenhower .Tdsh .S Zemach, S. Y. & Tedeschi G. . dad aen,Oe en fLtnAeia ieCnuiso h ilg faContinent History a Without of People Pillage the the and of Europe Centuries Wolf, Five R. America: Latin Eric of Veins Open Galeano, Eduardo Agmon alPlni h ra rnfrain h oiia n cnmcOiiso u Time Our of Origins Economic and Political The Transformation: Great The Polanyi, Karl ae,ClueadDgiy ilge ewe h ideEs n h West, the and East Middle Nader the & Between Mattei Dialogues Dignity: and Culture Nader, Commons the Governing Ostrom, Elinor ar Mattei. & Capra un .Wso ai ole,GenGvrac:Eooia uvvl ua ihs n h a fteCommons the of Law the and Rights, Human Survival, Ecological Governance: Green Bollier, David & Weston H. Burns ihe ad noi er,Asml,Ofr ..21;Msiod nei,OnaSn omna nteCmosand Commons the On Communia: Sunt Omnia Angelis, de Massimo 2017; U.P. Oxford Assembly, Negri, Antonio & Hardt Michael Tilley Mattei 573 h oeo uiilDcsosadDcrn nCvlLwadi ie Jurisdictions Mixed in and Law Civil in Doctrine and Decisions Judicial of Role The Ophuls, – t837 at , 1(2002). 91 mrcnLglRaimadAnthropology and Realism Legal American , . op. le Schwarz. & Olzen h sai ea Tradition Legal Islamic The op.

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i.supra cit. – 0(08,ht:/w.so.r/tbe3234 telte’ ealn,bsdo hnrltvl e vdnefrom evidence new relatively then on based detailing, latter’s (the http://www.jstor.org/stable/30223049 (2008), 30 . “ h ocle rmtv accumulation, primitive so-called the e,also, see, ; “ h ainlScrt osiuinadteIreiCniin op. Condition, Israeli the and Constitution Security National The inrsjustice winner’s NwScyPbihr 2014). Publishers Soc’y (New tapoiaey1hu n 6mnts hr he rsctrfrteUie igo tNrmegSir Nuremberg at Kingdom United the for prosecutor chief where minutes, 46 and hour 1 approximately at , 381 oiiainadCs a in Israel Law Case and Codification “ – became one of the first fronts of the Cold War the of fronts first the of one became Yuue21) https://www.youtube.com/watch?v=OyBNmecVtdU. 2015), (YouTube 0 (2001). 400 … h ea ttso h etBn n Gaza and Bank West the of Status Legal The Th ecig flglraimsra olglatrplg hog h acetrSho and School Manchester the through anthropology legal to spread realism legal of teachings [T]he HnyHl 1916), Holt (Henry oetH ako,Rpr fRbr .Jcsn ntdSae ersnaiet h Inter- the to Representative States United Jackson, H. Robert of Report Jackson, H. Robert … Frte.ZdBos2017). Books Zed ed. (First in , ..Jrsito vrCnlcsAiigOtieo h ntdSae:Sm eeoi Implications Some Hegemonic States: the United of Outside Arising Conflicts Over Jurisdiction U.S. nteSve Union Soviet the in urn luin n euin bu ofitManagement Conflict About Delusions and Illusions Current ” h oit tNrmeg nentoa a,Poaad,adteMkn ftePswrOrder Postwar the of Making the and Propaganda, Law, International Nuremberg: at Soviets The h abig opno oCmaaieLw 278 Law, Comparative to Companion Cambridge The rnigpeeiec nU iiaint litfsi h oercn ope Holocaust complex more recent the in plaintiffs to litigation US in pre-eminence granting h odWradCmaaieLw elcino h oiiso nelculDsiln,op. Discipline, of Intellectual the Politics on Reflection A Law: Comparative and War Cold The , Risee.CmrdeUi.Pes2015). Press Univ. Cambridge ed. (Reissue Jacobin Ilsrtdrpite.Ui.o ka rs 91,teipr fwihbo sdescribed is book which of import the 1941), Press Okla. of Univ. ed. reprint (Illustrated 42 ,

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