TY - JOUR
T1 - The dispute over the sovereignty of Jerusalem
T2 - EU policies and the search for internal legal coherence and consistency with international law
AU - Harpaz, Guy
N1 - Funding Information: The previous chapter classifies the evolution undergone in the EU under four ‘generations’: demand for Israel’s withdrawal from East Jerusalem and by implication de facto returning it to Jordan, the subjection of Jerusalem to an international scheme, the grant of collective rights of self-determination to the Palestinians over East Jerusalem and the division of Jerusalem, the two parts serving as the capitals of the envisaged Palestinian state and of Israel.That evolution reflects an implied shift of orientation, from focusing on the traditional legal scheme of corpus separatum and on the principle of inadmissibility of the acquisition of territory through the use of force, to placing more emphasis on the legal principle of self-determination. In fact, the two-state solution along the 1967 borders in Publisher Copyright: © 2003 Kluwer Law International. All rights reserved.
PY - 2012
Y1 - 2012
N2 - This article examines the EU's post-1967 conflict resolution policies pertaining to the dispute over sovereignty over Jerusalem. Analytically, it provides the first in-depth, genealogical analysis of the evolution of the EU policies, distilling four 'generations' of them, while normatively, it offers a critique of the consistency, coherence and legal cogency of such policies and their compatibility with international law.Yet the importance of this article lies beyond the particular case-study of Jerusalem, as it establishes that EU conflict resolution policies may, drawing on the work of Aggestam, be contextualized within the conceptual in the EU's self-perceived role, from 'what it is' to 'what it does', from passively representing 'power of attraction' to adopting the proactive role of an 'ethical power'. In such a role, international legal norms upon which the EU strives to premise its contribution to the resolution of disputes over sovereignty serve it in both a constitutive and an instrumentalist manner. However, and as the article has striven to demonstrate, the EU faces significant difficulties when attempting to assist in solving disputes over contested territories, based on rule-based diplomacy and strict commitment to international law, while having to face well-entrenched realities and accommodate realpolitik considerations. Consequently, the EU cannot ensure at all times its strict compliance with international law as such compliance ignores political realities and such ignorance mitigates, in turn, the already compromised centrality and effectiveness of the EU as a Normative Power in the Middle East and elsewhere.Thus, the EU will have to continue to seek the via media between international legality and political reality, strict observance of international law and effectiveness, lex ferenda and lex lata and between Constructivist-led, universalistic, value-based conflict resolution policies and more Realist-led, self-interest, security-based and hegemony-motivated policies.
AB - This article examines the EU's post-1967 conflict resolution policies pertaining to the dispute over sovereignty over Jerusalem. Analytically, it provides the first in-depth, genealogical analysis of the evolution of the EU policies, distilling four 'generations' of them, while normatively, it offers a critique of the consistency, coherence and legal cogency of such policies and their compatibility with international law.Yet the importance of this article lies beyond the particular case-study of Jerusalem, as it establishes that EU conflict resolution policies may, drawing on the work of Aggestam, be contextualized within the conceptual in the EU's self-perceived role, from 'what it is' to 'what it does', from passively representing 'power of attraction' to adopting the proactive role of an 'ethical power'. In such a role, international legal norms upon which the EU strives to premise its contribution to the resolution of disputes over sovereignty serve it in both a constitutive and an instrumentalist manner. However, and as the article has striven to demonstrate, the EU faces significant difficulties when attempting to assist in solving disputes over contested territories, based on rule-based diplomacy and strict commitment to international law, while having to face well-entrenched realities and accommodate realpolitik considerations. Consequently, the EU cannot ensure at all times its strict compliance with international law as such compliance ignores political realities and such ignorance mitigates, in turn, the already compromised centrality and effectiveness of the EU as a Normative Power in the Middle East and elsewhere.Thus, the EU will have to continue to seek the via media between international legality and political reality, strict observance of international law and effectiveness, lex ferenda and lex lata and between Constructivist-led, universalistic, value-based conflict resolution policies and more Realist-led, self-interest, security-based and hegemony-motivated policies.
UR - http://www.scopus.com/inward/record.url?scp=85028064844&partnerID=8YFLogxK
M3 - Review article
SN - 1384-6299
VL - 17
SP - 451
EP - 482
JO - European Foreign Affairs Review
JF - European Foreign Affairs Review
IS - 3
ER -