(Rule of) Law and Development in Palestine (2010)

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.

Keywords: #Law_and_economic_development; #Legalization; #Rule_of_law_Palestine; #Legislative_bodies.

Bio page for Ian Kysel - Visiting Assistant Clinical Professor of Law

Khalil, Asem. (Rule of) Law and Development in Palestine. Presentation at Cornell Law School, Colloquium on Law and Development in the Middle East and North Africa (the MENA law and Development Colloquium). 20 April 2010.

Click here to download the PDF version.

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