Indigenous Land Rights in Israel: A Comparative Study of the Bedouin

This comparative study examines the Negev-Bedouin land issue from the international indigenous land rights perspective and suggests options for recognition of their land. It demonstrates that the Bedouin land dispossession progressed through several phases and that the Mawat legal doctrine is used to deny their land rights. The Aborigines land in Australia is introduced as an example of successful struggle for their traditional land rights, and the final chapter analyzes the basic elements of judicial recognition of the land in the Israeli legal system. The volume proposes practical recommendations for the recognition of Bedouin land.

Format: Paperback / softback
Length: 180 pages
Publication date: 09 January 2023
Publisher: Taylor & Francis Ltd

The Negev-Bedouin land issue, from an international indigenous land rights perspective, is explored in this comparative study, offering potential solutions for recognizing their land rights. The book highlights that the dispossession of Bedouin land, like many indigenous communities, unfolded through a series of phases, including eviction, displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouins their traditional land rights.

Examining the legal doctrine of Mawat, upon which the State and the Court rely to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and demonstrates how the limitations of this law hinder meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines land in Australia is introduced as an example of indigenous peoples' successful struggle for their traditional land rights. The final chapter analyzes the fundamental elements of judicial recognition of land and concludes that the necessary elements for Bedouin land recognition exist within the Israeli legal system.

Proposing practical recommendations for the recognition of Bedouin land, this volume serves as a valuable resource for scholars, students, and individuals interested in land rights, international law, comparative studies, and the Middle East.

Weight: 453g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367633530