Implementation and Accountability of State of Palestine - as a Non-Member Observer State at the United Nations under the International Human Rights Treaties: A Comparative Study of EU and Palestine

Responsible for the doctoral project: Yaser Alawneh, M.A.
Doctoral committee: Prof. Dr. Matthias Mahlmann, Rechtswissenschaftliches Institut, Universität Zürich / UFSP Asien und Europa
Research Field: Normen und Ordnungen

Abstract

In April 2014, State of Palestine acceded to 20 international treaties including seven of the ten core human rights treaties. Palestine acceded to the seven human rights treaties and one additional protocol without reservations, an unprecedented move in a region with a high number of reservations to human rights treaties. It also marks a significant shift in the human rights landscape, providing clear legal obligations to be implemented and placing a renewed focus on the responsibilities of the government of Palestine. 

This PhD thesis seeks to examine the impact on the State of Palestine-as a Non-Member Observer State at the United Nations - following the ratification the international conventions in supporting the implementing the State of Palestine’s human rights treaty obligations. It will also argue that the issue of clarity between domestic and international law requires further attention in Palestine’s continuous pursuit of rule of law and provide a comprehensive review and analysis of the role of court in terms of implementing and monitoring international human rights law. 

The first argument that will be discussed in the research is the legal entitlements of Palestine upon being accorded observer state status at the United Nations. The second argument will be, the status of treaties in the domestic legal order and their place in the hierarchy of norms and whether the existence of legislation enabling the reception of human rights treaties into the domestic legal order. The third argument is the practical steps that should be taken to implement the international law. Furthermore, the research will address the experience of some of EU countries, with special focus on Switzerland, Holy See and Germany, in the application of the international human rights conventions. Finally, the research will come up with recommendations, which aim to foster the Palestinian effort of integrating and mainstreaming international law into the constitution.

Palestine's accession to international conventions, it is bound to submit reports on its implementation of these conventions. This new development requires from the State of Palestine to draft its own constitution and make amendments to its laws and legislations to match the international law and conventions which it ratified. Therefore, the research will point to similarities and differences in the status of international conventions on human rights in the Palestinian constitution (Basic Law) and the constitutions of some of European countries. It will also conduct a comparative analysis on the applications of the international human rights conventions in the Palestinian and EU national courts.