+publisher:"University of New South Wales" +contributor:("Roux, Theunis, Law, Faculty of Law, UNSW")

University of New South Wales

1. Lewis, Ilan. Sussing out the vibe: Federal property acquisition and the search for a principled approach to the scope of the ‘just terms’ proviso in s 51(xxxi) of the Australian Constitution.

Degree: Law, 2017, University of New South Wales

URL: http://handle.unsw.edu.au/1959.4/57966 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:45204/SOURCE02?view=true

► In relation to the case law dealing with the scope of s 51(xxxi) of the Australian Constitution (‘the Proviso’) it has been suggested that no… (more)

▼ In relation to the case law dealing with the scope of s 51(xxxi) of the Australian Constitution (‘the Proviso’) it has been suggested that no coherent line of principle emerges, that one meets undisclosed processes of reasoning and that, as a consequence, the Proviso’s operation is unpredictable. This dissertation gives an account and critique of the increasing incoherence of s 51(xxxi) jurisprudence and the High Court’s failure to articulate the constitutional values the Proviso serves to protect. A comprehensive account is given of the Proviso’s inherent interpretive challenges and the various approaches the High Court has adopted to tackle them.The thesis considers in detail the Proviso’s complex interrelationships with other constitutional powers and limitations. It is argued that understanding these interrelationships is a necessary pre-requisite to understanding the problems the Proviso throws up and the formulation of possible solutions. In this context, it considers whether the Proviso’s protective scope can be coherently described as a function of whether or not a given acquisition operates arbitrarily or breaches various tenets of the rule of law. Are decisions dealing with the Proviso’s scope explicable on the basis that the Proviso operates to proscribe legislation which offends such principles as non-retrospectivity, generality and the separation of powers - at least in the property domain? Four cases dealing with the application of the Proviso to what might be called ‘retrospective interests,’ that is, interests arising by way of the retrospective operation of judicial decisions are analysed in detail. It is argued that by excising these types of cases from the mainstream of s 51(xxxi) jurisprudence an opportunity to clarify other areas of doctrine and reconcile other decisions opens up. Finally, various accounts of the Proviso’s purpose or function are evaluated. The thesis concludes that, while various rule of law principles provide a useful guide to understanding the High Court’s decisions in many instances, there exist a number of hard limits on reconciling existing case law and that it is easy to overstate the degree of coherence to be found within it. Advisors/Committee Members: Edgeworth, Brendan, Law, Faculty of Law, UNSW, Roux, Theunis, Law, Faculty of Law, UNSW.

Subjects/Keywords: just terms; 51(xxxi); Australian Constitution; vibe

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APA (6^th Edition):

Lewis, I. (2017). Sussing out the vibe: Federal property acquisition and the search for a principled approach to the scope of the ‘just terms’ proviso in s 51(xxxi) of the Australian Constitution. (Masters Thesis). University of New South Wales. Retrieved from http://handle.unsw.edu.au/1959.4/57966 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:45204/SOURCE02?view=true

Chicago Manual of Style (16^th Edition):

Lewis, Ilan. “Sussing out the vibe: Federal property acquisition and the search for a principled approach to the scope of the ‘just terms’ proviso in s 51(xxxi) of the Australian Constitution.” 2017. Masters Thesis, University of New South Wales. Accessed March 06, 2021. http://handle.unsw.edu.au/1959.4/57966 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:45204/SOURCE02?view=true.

MLA Handbook (7^th Edition):

Lewis, Ilan. “Sussing out the vibe: Federal property acquisition and the search for a principled approach to the scope of the ‘just terms’ proviso in s 51(xxxi) of the Australian Constitution.” 2017. Web. 06 Mar 2021.

Vancouver:

Lewis I. Sussing out the vibe: Federal property acquisition and the search for a principled approach to the scope of the ‘just terms’ proviso in s 51(xxxi) of the Australian Constitution. [Internet] [Masters thesis]. University of New South Wales; 2017. [cited 2021 Mar 06]. Available from: http://handle.unsw.edu.au/1959.4/57966 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:45204/SOURCE02?view=true.

Council of Science Editors:

Lewis I. Sussing out the vibe: Federal property acquisition and the search for a principled approach to the scope of the ‘just terms’ proviso in s 51(xxxi) of the Australian Constitution. [Masters Thesis]. University of New South Wales; 2017. Available from: http://handle.unsw.edu.au/1959.4/57966 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:45204/SOURCE02?view=true

University of New South Wales

2. Weeks, Greg. Australian public authorities which breach their soft law : remedies and suggested reforms.

Degree: Law, 2013, University of New South Wales

URL: http://handle.unsw.edu.au/1959.4/53033 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:11711/SOURCE01?view=true

► This thesis considers the phenomenon of soft law. The very name ‘soft law’ sounds like an oxymoron: if law is soft, is it not therefore… (more)

Subjects/Keywords: Remedies; Administrative Law; Soft Law

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APA (6^th Edition):

Weeks, G. (2013). Australian public authorities which breach their soft law : remedies and suggested reforms. (Doctoral Dissertation). University of New South Wales. Retrieved from http://handle.unsw.edu.au/1959.4/53033 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:11711/SOURCE01?view=true

Chicago Manual of Style (16^th Edition):

Weeks, Greg. “Australian public authorities which breach their soft law : remedies and suggested reforms.” 2013. Doctoral Dissertation, University of New South Wales. Accessed March 06, 2021. http://handle.unsw.edu.au/1959.4/53033 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:11711/SOURCE01?view=true.

MLA Handbook (7^th Edition):

Weeks, Greg. “Australian public authorities which breach their soft law : remedies and suggested reforms.” 2013. Web. 06 Mar 2021.

Vancouver:

Weeks G. Australian public authorities which breach their soft law : remedies and suggested reforms. [Internet] [Doctoral dissertation]. University of New South Wales; 2013. [cited 2021 Mar 06]. Available from: http://handle.unsw.edu.au/1959.4/53033 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:11711/SOURCE01?view=true.

Council of Science Editors:

Weeks G. Australian public authorities which breach their soft law : remedies and suggested reforms. [Doctoral Dissertation]. University of New South Wales; 2013. Available from: http://handle.unsw.edu.au/1959.4/53033 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:11711/SOURCE01?view=true

University of New South Wales

3. Siregar, Fritz. Indonesian Constitutional Politics 2003-2013.

Degree: Law, 2016, University of New South Wales

URL: http://handle.unsw.edu.au/1959.4/56179 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:40210/SOURCE02?view=true

► In 2011, the Indonesian Parliament enacted Law 8 of 2011 amending Law 24 of 2003 on the Indonesian Constitutional Court. The amendment was intended to… (more)

▼ In 2011, the Indonesian Parliament enacted Law 8 of 2011 amending Law 24 of 2003 on the Indonesian Constitutional Court. The amendment was intended to limit the Court’s jurisdiction after a period of sustained activism. The Court responded by declaring substantial parts of the amending law constitutionally invalid. This dissertation examines the timing and nature of this unsuccessful ‘attack’ on the Court’s authority and the reasons behind the apparent ease with which the Court was able to thwart it. Two broad sets of theorisations of judicial power are tested: those that focus on external factors or background political conditions, and those that focus on internal factors or the issue of judicial agency. The dissertation’s central finding is that no single theorization adequately accounts for the events of 2011. Rather, a combination of theoretical perspectives is required. From 2003-2008, the Court’s first Chief Justice, Jimly Asshiddiqie, exploited the window of opportunity provided by the groundswell of popular support for constitutionalism in Indonesia to build the Court’s public reputation. His successor, Mahfud MD, was appointed to the Court on promises of returning it to its original jurisdiction. Instead, Mahfud MD pushed the Court in an even more activist direction, dispensing with Asshiddiqie’s careful, scholarly style and introducing a ‘substantive justice’ approach that further exacerbated the Court’s relationship with the political branches. That change explains the timing of the 2011 attack. The Court’s capacity to resist the attack, in turn, was a function of the fragmentation of Indonesian party politics. While it was one thing to construct the political coalition required to pass the 2011 reforms, it was another to amend the Constitution to counteract the Court’s decisions.While the Court emerges from this story as an apparently strong institution, its somewhat dogmatic stance on judicial independence leaves cause for concern. Paradoxically, the Court’s very success in contributing to the strengthening of Indonesia’s constitutional democracy means that it needs to develop a new understanding of judicial independence, one that is more sensitive to democratic preferences. The thesis concludes by explaining this idea and speculating about the future trajectory of Indonesian constitutional politics. Advisors/Committee Members: Roux, Theunis, Law, Faculty of Law, UNSW, Butt, Simon, Law School, University of Sydney.

Subjects/Keywords: Constitutional Law; Indonesia; Constitutional Court; Judicial Politic

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APA (6^th Edition):

Siregar, F. (2016). Indonesian Constitutional Politics 2003-2013. (Doctoral Dissertation). University of New South Wales. Retrieved from http://handle.unsw.edu.au/1959.4/56179 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:40210/SOURCE02?view=true

Chicago Manual of Style (16^th Edition):

Siregar, Fritz. “Indonesian Constitutional Politics 2003-2013.” 2016. Doctoral Dissertation, University of New South Wales. Accessed March 06, 2021. http://handle.unsw.edu.au/1959.4/56179 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:40210/SOURCE02?view=true.

MLA Handbook (7^th Edition):

Siregar, Fritz. “Indonesian Constitutional Politics 2003-2013.” 2016. Web. 06 Mar 2021.

Vancouver:

Siregar F. Indonesian Constitutional Politics 2003-2013. [Internet] [Doctoral dissertation]. University of New South Wales; 2016. [cited 2021 Mar 06]. Available from: http://handle.unsw.edu.au/1959.4/56179 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:40210/SOURCE02?view=true.

Council of Science Editors:

Siregar F. Indonesian Constitutional Politics 2003-2013. [Doctoral Dissertation]. University of New South Wales; 2016. Available from: http://handle.unsw.edu.au/1959.4/56179 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:40210/SOURCE02?view=true

University of New South Wales

4. Odeh, Nahed. Constitutional Design Options for State Formation in Palestine.

Degree: Law, 2018, University of New South Wales

URL: http://handle.unsw.edu.au/1959.4/60206 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:51068/SOURCE2?view=true

► In post-conflict societies, the political and legal systems are often both the worst affected and also the key to reform. This is true of Palestine… (more)

▼ In post-conflict societies, the political and legal systems are often both the worst affected and also the key to reform. This is true of Palestine where, ever since the establishment of the Palestinian Authority in 1995 under the Oslo Accords, much emphasis has been placed on the need for legal and political renewal. This dissertation assesses whether constitutional reform may provide a solution to the ongoing political crisis in Palestine. The central focus falls on the Palestinian Basic Law, its origins, current challenges and future prospects. The thesis argues that there is a need for a new constitution that meets citizens’ demands for democracy, human rights and national unity.The thesis begins by analysing the nature and causes of the current political crisis, starting with the fallout between the two major Palestinian political parties, Fatah and Hamas. From 2006, with Hamas’ victory in the parliamentary elections, Palestinians have been separated between the West Bank and the Gaza Strip, controlled by Fatah and Hamas respectively. Various de facto changes to the political system envisaged by the Basic Law have followed this separation: there are now effectively two governments with different political programmes, different ideologies (secularism and radical Islam), and an absent Legislative Council. With the passage of time, the Palestinian political crisis has turned into a legal and constitutional crisis as the Basic Law has become an integral part of the problem rather than a solution. In the absence of a functioning constitutional system, Fatah and Hamas have violated the rule of law, democracy and human rights. This thesis argues that part of the solution to the crisis lies in adopting a hybrid federal-consociationalist system that takes into account the specificity of the Palestinian situation, including the current geopolitical separation, the Israeli occupation, and the reasons behind the lack of governmental stability. In pursuing this argument, the thesis assesses the relative merits of federalism and consociationalism in post-conflict settings, and conducts a comparative analysis of three Middle Eastern countries in which constitutional reforms have been attempted. Advisors/Committee Members: Roux, Theunis, Law, Faculty of Law, UNSW, Glass, Arthur, Law, Faculty of Law, UNSW.

Subjects/Keywords: Federalism; Post-conflict; Constitution; Consociationalism; Oslo Accords; Palestine; Political System; Legal System; Constitutional System

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APA (6^th Edition):

Odeh, N. (2018). Constitutional Design Options for State Formation in Palestine. (Doctoral Dissertation). University of New South Wales. Retrieved from http://handle.unsw.edu.au/1959.4/60206 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:51068/SOURCE2?view=true

Chicago Manual of Style (16^th Edition):

Odeh, Nahed. “Constitutional Design Options for State Formation in Palestine.” 2018. Doctoral Dissertation, University of New South Wales. Accessed March 06, 2021. http://handle.unsw.edu.au/1959.4/60206 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:51068/SOURCE2?view=true.

MLA Handbook (7^th Edition):

Odeh, Nahed. “Constitutional Design Options for State Formation in Palestine.” 2018. Web. 06 Mar 2021.

Vancouver:

Odeh N. Constitutional Design Options for State Formation in Palestine. [Internet] [Doctoral dissertation]. University of New South Wales; 2018. [cited 2021 Mar 06]. Available from: http://handle.unsw.edu.au/1959.4/60206 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:51068/SOURCE2?view=true.

Council of Science Editors:

Odeh N. Constitutional Design Options for State Formation in Palestine. [Doctoral Dissertation]. University of New South Wales; 2018. Available from: http://handle.unsw.edu.au/1959.4/60206 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:51068/SOURCE2?view=true

University of New South Wales

5. Richards, Sally. Responsive Legality.

Degree: Law, 2017, University of New South Wales

URL: http://handle.unsw.edu.au/1959.4/57429 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:43393/SOURCE02?view=true

► This dissertation identifies responsive legality as a new ideal type of administrative justice that encompasses the normative logics that public officials at times draw on… (more)

▼ This dissertation identifies responsive legality as a new ideal type of administrative justice that encompasses the normative logics that public officials at times draw on in twenty-first century public administration. In this ideal type, officials believe a decision is a good one if it blends rule of law compliance with a caring concern for substantive justice. In responsive legality, officials work to protect applicant welfare through rule of law conformity. They are driven by an overall sense of responsiveness, an orientation towards substantive fairness, and cognitive processes requiring the application of personal experience to verify factual truths.This discernment of responsive legality builds on over thirty-five years of socio-legal administrative justice literature, which seeks to explore the normative logics underpinning public decision making. Understanding these logics is an important socio-legal, law-in-the-books versus law-in-action gap study. Where the law books tell us much about the range of formal rules drawn upon to justify administrative action, studying organisations themselves and importing related social science literature into the law books can teach us much about a far broader set of rules – normative social rules – that underpin public decisions.Responsive legality is discerned both analytically and empirically. Following Jerry Mashaw’s approach in Bureaucratic Justice, the type explored here is partially drawn from iterations of its features in a broader public administration literature. Most particularly, it draws inspiration from Philippe Nonet and Philip Selznick’s Law and Society in Transition. Their well-known conceptualisation of responsive law provides relatable features that, when imported into the pre-existing influential models of administrative justice, demonstrate this unaccounted-for basis on which administrative decisions are justified. A related socio-legal bureaucratic legal consciousness body of literature also guides the conceptual elaboration of this type, particularly in pointing to the centrality of purposively driven and substantively justice-oriented rule of law compliance.Empirically, responsive legality is explored through the analysis of interview transcripts with government officials in the Refugee Review Tribunal of Australia. In discussing the basis for their decisions, these officials often demonstrated an orientation towards responsiveness, a concern for substantive fairness, and cognitive processes requiring the application of personal experience to ascertaining factual truths; thus, they empirically verify the real-world existence of this type. In presenting responsive legality, this dissertation is conscious of its limitations. It cannot provide an exhaustive overall account of the multiple bases on which a decision might be justified, nor does it aim to. The administrative justice literature has done much of this work already. Rather, it unearths one new type, capturing and celebrating those times when the rule of law meets a responsively oriented ethic of… Advisors/Committee Members: Roux, Theunis, Law, Faculty of Law, UNSW, Glass, Arthur, Law, Faculty of Law, UNSW, Halliday, Simon, Law, Faculty of Law, UNSW.

Subjects/Keywords: Rule of law; Administrative justice; Responsive governance; Ethic of care

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APA (6^th Edition):

Richards, S. (2017). Responsive Legality. (Doctoral Dissertation). University of New South Wales. Retrieved from http://handle.unsw.edu.au/1959.4/57429 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:43393/SOURCE02?view=true

Chicago Manual of Style (16^th Edition):

Richards, Sally. “Responsive Legality.” 2017. Doctoral Dissertation, University of New South Wales. Accessed March 06, 2021. http://handle.unsw.edu.au/1959.4/57429 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:43393/SOURCE02?view=true.

MLA Handbook (7^th Edition):

Richards, Sally. “Responsive Legality.” 2017. Web. 06 Mar 2021.

Vancouver:

Richards S. Responsive Legality. [Internet] [Doctoral dissertation]. University of New South Wales; 2017. [cited 2021 Mar 06]. Available from: http://handle.unsw.edu.au/1959.4/57429 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:43393/SOURCE02?view=true.

Council of Science Editors:

Richards S. Responsive Legality. [Doctoral Dissertation]. University of New South Wales; 2017. Available from: http://handle.unsw.edu.au/1959.4/57429 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:43393/SOURCE02?view=true

University of New South Wales

6. Hartley, Jacklyn. Constructing a contextual model of indigenous participation in decision-making: a comparative analysis.

Degree: Law, 2016, University of New South Wales

URL: http://handle.unsw.edu.au/1959.4/56276 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:40442/SOURCE02?view=true

► Indigenous peoples have long argued that states must obtain their free, prior and informed consent (‘FPIC’) in order to undertake resource development within their territories.… (more)

▼ Indigenous peoples have long argued that states must obtain their free, prior and informed consent (‘FPIC’) in order to undertake resource development within their territories. They have sought international recognition of this principle in order to protect their territories and to exercise their inherent authority over them. However, many states have opposed this principle and its status remains controversial. In Saramaka v Suriname, the Inter-American Court of Human Rights (‘the Court’) injected a new perspective into this debate. Under the Court’s contextual model of ‘effective participation’, states must always consult Indigenous peoples regarding development projects within their territories. In addition, an obligation to obtain FPIC arises in relation to high impact development activities. The state’s obligations are therefore linked to the act’s potential impact.The Saramaka model has influenced international understandings of Indigenous peoples’ right to participate in decision-making. Nevertheless, significant gaps and tensions exist within this model. It is therefore unclear whether the model is capable of addressing the concerns that have inspired Indigenous peoples to seek recognition of the FPIC principle.This thesis examines two important unresolved issues. The first concerns the question of who is responsible for devising a consultation procedure. The second is whether the presence of pre-existing impact affects the application of the FPIC trigger test. Each issue can have a profound effect on the operation of the Saramaka model.To explore potential future directions for the Saramaka model, this thesis undertakes a comparative study of how these issues are addressed in Canada and Australia. Both the Canadian duty to consult doctrine and the Australian right to negotiate regime employ similar contextual devices to determine the extent of a non-Indigenous government’s obligations. The thesis finds that these jurisdictions contain beneficial features, which the Court can build upon. However, in relation to the two identified issues, both jurisdictions have adopted positions that potentially privilege non-Indigenous interests. The thesis proposes steps that the Court should take to avoid reproducing these problems within its model, with the objective of supporting Indigenous peoples to protect their territories and exercise their authority as far as possible within a contextual framework. Advisors/Committee Members: Brennan, Sean, Gilbert + Tobin Centre of Public Law, Faculty of Law, UNSW, Roux, Theunis, Law, Faculty of Law, UNSW, Davis, Megan, Indigenous Law Centre, Faculty of Law, UNSW.

Subjects/Keywords: Free, prior and informed consent; Indigenous peoples; Duty to consult; Right to negotiate

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APA (6^th Edition):

Hartley, J. (2016). Constructing a contextual model of indigenous participation in decision-making: a comparative analysis. (Doctoral Dissertation). University of New South Wales. Retrieved from http://handle.unsw.edu.au/1959.4/56276 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:40442/SOURCE02?view=true

Chicago Manual of Style (16^th Edition):

Hartley, Jacklyn. “Constructing a contextual model of indigenous participation in decision-making: a comparative analysis.” 2016. Doctoral Dissertation, University of New South Wales. Accessed March 06, 2021. http://handle.unsw.edu.au/1959.4/56276 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:40442/SOURCE02?view=true.

MLA Handbook (7^th Edition):

Hartley, Jacklyn. “Constructing a contextual model of indigenous participation in decision-making: a comparative analysis.” 2016. Web. 06 Mar 2021.

Vancouver:

Hartley J. Constructing a contextual model of indigenous participation in decision-making: a comparative analysis. [Internet] [Doctoral dissertation]. University of New South Wales; 2016. [cited 2021 Mar 06]. Available from: http://handle.unsw.edu.au/1959.4/56276 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:40442/SOURCE02?view=true.

Council of Science Editors:

Hartley J. Constructing a contextual model of indigenous participation in decision-making: a comparative analysis. [Doctoral Dissertation]. University of New South Wales; 2016. Available from: http://handle.unsw.edu.au/1959.4/56276 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:40442/SOURCE02?view=true

University of New South Wales

7. Beshtawi, Ahmed. International law, water rights and hydro-hegemony: The role of international law in Israel’s hydro-hegemony in the Occupied Palestinian Territory.

Degree: Law, 2017, University of New South Wales

URL: http://handle.unsw.edu.au/1959.4/58886 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:47906/SOURCE02?view=true

► After almost five decades of continuous occupation, Israel still controls water resources in the Occupied Palestinian Territory (OPT). Water rights is one of the most… (more)

▼ After almost five decades of continuous occupation, Israel still controls water resources in the Occupied Palestinian Territory (OPT). Water rights is one of the most contentious issues between Israeli and the Palestinians. It was specifically left out of the Oslo Agreements and was supposed to be dealt with in the final status negotiation, along with other important issues such as Jerusalem, refugees and borders. However, the final status negotiations which were supposed to start in 2000 did not take place due to political tensions. Currently, water relations between Israel and the Palestinians are governed by interim arrangements. A Joint Water Committee (JWC) was established pursuant to the Interim Agreement in order to co-ordinate the co-operation between both parties. Nevertheless, the Joint Committee has proven to be unsuccessful both in boosting the co-operation and addressing water rights inequalities between Israelis and Palestinians. Recently, the work of the JWC has been suspended.The status of the water sector in the OPT is dire. The Palestinian population of the OPT suffers of lack of access to adequate and clean amounts of water, and that which is available is well below the amounts recommended by the World Health Organisation. The main reasons for this situation are Israel’s policies and control over water resources in the OPT. These policies and continuous control have resulted in widespread violations of Palestinians’ water rights, as well as retrogressive impacts on the Palestinian economic sector. Israel’s position in regards to its control over water resources in the OPT has been described as one of hydro-hegemony. This thesis examines the role of relevant rules of international law in Israel’s hydro-hegemony in the OPT. In doing so, the analysis employs the theory of hydro-hegemony and examines its application and limitations in regards to the Palestinian context. It explores the role of relevant rules of international law in strengthening, or countering, Israeli hydro-hegemony in the OPT. In particular, the thesis examines the role of relevant rules of three branches of international law in relation to water rights; international humanitarian law, international human rights law and international water law. The thesis identifies whether and how these rules have been exploited or employed to feed into Israel’s hydro-hegemony in the OPT. Advisors/Committee Members: Roux, Theunis, Law, Faculty of Law, UNSW, Billingsley , Anthony, Social Sciences & International Studies, Faculty of Arts & Social Sciences, UNSW, Abu Eid , Abdallah , Bethlehem University.

Subjects/Keywords: Hydro-hegemony; International law; International Humanitarian law; International Water law; International Human rights law

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APA (6^th Edition):

Beshtawi, A. (2017). International law, water rights and hydro-hegemony: The role of international law in Israel’s hydro-hegemony in the Occupied Palestinian Territory. (Doctoral Dissertation). University of New South Wales. Retrieved from http://handle.unsw.edu.au/1959.4/58886 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:47906/SOURCE02?view=true

Chicago Manual of Style (16^th Edition):

Beshtawi, Ahmed. “International law, water rights and hydro-hegemony: The role of international law in Israel’s hydro-hegemony in the Occupied Palestinian Territory.” 2017. Doctoral Dissertation, University of New South Wales. Accessed March 06, 2021. http://handle.unsw.edu.au/1959.4/58886 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:47906/SOURCE02?view=true.

MLA Handbook (7^th Edition):

Beshtawi, Ahmed. “International law, water rights and hydro-hegemony: The role of international law in Israel’s hydro-hegemony in the Occupied Palestinian Territory.” 2017. Web. 06 Mar 2021.

Vancouver:

Beshtawi A. International law, water rights and hydro-hegemony: The role of international law in Israel’s hydro-hegemony in the Occupied Palestinian Territory. [Internet] [Doctoral dissertation]. University of New South Wales; 2017. [cited 2021 Mar 06]. Available from: http://handle.unsw.edu.au/1959.4/58886 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:47906/SOURCE02?view=true.

Council of Science Editors:

Beshtawi A. International law, water rights and hydro-hegemony: The role of international law in Israel’s hydro-hegemony in the Occupied Palestinian Territory. [Doctoral Dissertation]. University of New South Wales; 2017. Available from: http://handle.unsw.edu.au/1959.4/58886 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:47906/SOURCE02?view=true

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