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- Title
DRAWING A GREEN LINE: ON THE POTENTIAL FOR AN ENVIRONMENTAL CHALLENGE TO ISRAEL'S SEPARATION BARRIER.
- Authors
Green, Boaz
- Abstract
The separation barrier (the "Barrier") being built by Israel in the West Bank and along the Green Line, controversial for a host of political, security and human rights reasons, is an enormous infrastructure project with severe environmental implications. This paper explores the potential of raising environmentally based challenges to the Barrier, in Israeli courts, as an avenue for delaying, altering or stopping the project. Because the Barrier is largely being built in the Occupied Territory the paper examines the legal regime applicable to belligerent occupation in general and the West Bank in particular. The paper next analyzes one of the most important Israeli High Court of Justice ("HCJ") cases on the Barrier, Beit Sourik Village Council v. Commander of the IDF Forces in the West Bank. Because both international law and Israeli administrative law apply to the Israeli military's actions in the West Bank, the paper reviews the status of a right to an adequate environment under both international law and Israeli administrative law. In light of these analyses, the paper explores the possible impact that an environmental challenge to the Barrier may have.
- Subjects
ISRAEL; WEST Bank; ISRAELI West Bank Barrier; ENVIRONMENTAL law; INTERNATIONAL law; ADMINISTRATIVE law
- Publication
UCLA Journal of International Law & Foreign Affairs, 2005, Vol 10, Issue 2, p503
- ISSN
1089-2605
- Publication type
Article