{"title":"States of failure? Ungovernance and the project of state-building in Palestine under the Oslo regime*","authors":"M. Burgis-Kasthala","doi":"10.1080/20414005.2020.1824482","DOIUrl":null,"url":null,"abstract":"ABSTRACT How can we understand the relationship between Palestinians and Israelis in the wake of the Oslo regime and to what extent has it facilitated the realisation of Palestinian statehood? Rather than read the Oslo regime as a prelude towards peace and resolution, instead, it has been productive of failure. In understanding how this came to pass and how this state of failure persists, the article argues that ungovernance is an instructive approach, which highlights how Israeli control is achieved through a series of disruptions: severing people from the land, severing rule from responsibility and severing statehood from self-government. After discussing the shape of the Oslo regime, this article explores how ungovernance is practiced across the Palestinian territories through the misgovernance of micro practices that produce a population in disorientation and despair.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"382 - 407"},"PeriodicalIF":0.0000,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1824482","citationCount":"2","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Transnational Legal Theory","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20414005.2020.1824482","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 2
Abstract
ABSTRACT How can we understand the relationship between Palestinians and Israelis in the wake of the Oslo regime and to what extent has it facilitated the realisation of Palestinian statehood? Rather than read the Oslo regime as a prelude towards peace and resolution, instead, it has been productive of failure. In understanding how this came to pass and how this state of failure persists, the article argues that ungovernance is an instructive approach, which highlights how Israeli control is achieved through a series of disruptions: severing people from the land, severing rule from responsibility and severing statehood from self-government. After discussing the shape of the Oslo regime, this article explores how ungovernance is practiced across the Palestinian territories through the misgovernance of micro practices that produce a population in disorientation and despair.
期刊介绍:
The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.