Israel and the Creation of a Palestinian State

To many outside observers of the Israeli-Palestinian conflict, there would appear to be one eminently sensible solution: in exchange for recognition and adequate security guarantees, Israel should return the West Bank and the Gaza strip, subject to minor boundary modifications, to the Palestinians (led by a moderate PLO). The Palestinians would then exercise their right to self-determination and establish an independent state with or without a link to Jordan. And yet, this solution has found favor neither with successive Israeli governments nor with the PLO.

First published in 1985, Israel and the Creation of a Palestinian State (now with a new preface by the author) analyses the reasons for the rejection of this solution by the protagonists. It then sets up a vision of a possible solution which, by taking account of the subjective fears and aspirations of the parties, may be regarded as more feasible.

The author’s vision draws inspiration from the experience of reconstructing a new transnational order in Europe after the ravages of the Second World War. The underlying theme focuses on the limitations of the purely national context as a framework for resolving the current political problems of the Israeli-Palestinian dilemma.

J H. H. Weiler studied law (LLB and LLM) in the United Kingdom (Sussex and Cambridge) and at the European University Institute in Florence, Italy (PhD), where he later served as professor of law, head of the Department of Law, and most recently as President. In the United States, prior to his appointment at NYU School of Law, he served as professor of law at the University of Michigan and as a chaired professor at Harvard Law School. His research and teaching focuses on international law, the law of the European Union and the WTO, and the interface between religion and law.