Harmonizing Palestine's National Legislation with Its Human Rights International Obligations. رسالة ماجستير

Abstract

The concept of harmonizing national legislations with international law, particularly Human Rights Law (nationalization), emerged as a response to the on-going debate surrounding the relationship between national and international legal frameworks. Initially driven by jurists engaged in this discourse, the process of harmonization and codification aimed to bridge the gap between these two legal spheres. In the case of Palestine, the harmonisation of national legislations assumes a multifaceted significance due to the prolonged occupation that began in 1948, resulting in the infringement of Palestinian human rights and impeding diplomatic efforts. The Oslo Accords of 1991 marked a turning point, establishing a new legal framework with the creation of the Palestinian National Authority (PNA) and the introduction of the Palestinian Amended Basic Law, which granted constitutional status to human rights. However, with Palestine's diplomatic representation in 2012, the challenge of aligning its complex legal system with its recent international obligations surfaced. This exposed the state to various complexities, particularly as Palestine's accession to international treaties without reservations was driven more by political objectives rather than a purely human rights-oriented approach