2013George Mason UniversityOpen access

Palestinians Right of Return and Israels Right to Exist as a Jewish State

Jerome M. Segal

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Abstract

Efforts to negotiate a settlement of the Palestinian-Israeli conflict have been stymied, in part, by a lack of clarity about the nature and strength of the rights that each side asserts. When Palestinians say they have a right to return to their pre-1948 homes, or when Israelis say the Jewish state has a right to exist, are they claiming moral rights or legal rights? Are the rights in question absolute, or are they to be balanced against other rights? Success in clarifying these issues could provide the basis for a comprehensive peace.

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Efforts to negotiate a settlement of the Palestinian-Israeli conflict have been stymied, in part, by a lack of clarity about the nature and strength of the rights that each side asserts. When Palestinians say they have a right to return to their pre-1948 homes, or when Israelis say the Jewish state has a right to exist, are they claiming moral rights or legal rights? Are the rights in question absolute, or are they to be balanced against other rights? Success in clarifying these issues could provide the basis for a comprehensive peace.

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Available abstract

Efforts to negotiate a settlement of the Palestinian-Israeli conflict have been stymied, in part, by a lack of clarity about the nature and strength of the rights that each side asserts. When Palestinians say they have a right to return to their pre-1948 homes, or when Israelis say the Jewish state has a right to exist, are they claiming moral rights or legal rights? Are the rights in question absolute, or are they to be balanced against other rights? Success in clarifying these issues could provide the basis for a comprehensive peace.

Key concepts: Refugee, Palestinian refugees, Jewish state, Deference, Law, Compromise, Negotiation, Political science

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