caa a22 4500 39758105X CHVBK 20180308164907.0 cr unu---uuuuu 161202e199610 xx s 000 0 eng 10.1093/ijrl/8.4.532 doi (NATIONALLICENCE)oxford-10.1093/ijrl/8.4.532 LAWAND KATHLEEN Of the Quebec Bar. LL.L., LL.B. (Ottawa), LL.M. (London). This article is a revised version of the éauthor's masters' thesis submitted to the London School of Economics in 1995. The author wishes to express her thanks to Professor Rosalyn Higgins for her helpful comments on earlier drafts, and to Michael Byers for much appreciated suggestions and encouragement. The views expressed are the author's own The Right to Return of Palestinians in International Law [Elektronische Daten] [KATHLEEN LAWAND] This article examines the question of whether Palestinian refugees and displaced persons can claim a right to return to either or both Israel and Palestine, assuming the existence of a Palestinian State in the territories of the West Bank and Gaza. After an historical overview, the author first interprets the right to enter one's country enshrined in the International Covenant on Civil and Political Rights, with particular regard to the meaning of the term, ‘his own country'. Following an examination of the travaux préparatoires and of the concept of nationality in international law, it is argued that ‘his own country' refers not only to the country of de jure nationality, but also to the country with which the claimant has a ‘genuine linka' similar to that described in the Nottebohm case. The effect of the passage of time on the ‘genuine link' is then analyzed and a set of criteria applicable to claimants of the right to return generally is proposed. These criteria are then applied to potential Palestinian claimants. The second part of the article focuses on the effect of changes of sovereignty in the territories of what was Palestine on the de jure nationality of Palestinian refugees and displaced persons, and thus on their possible claim to return on the basis of nationality. On this basis, it is argued that if nationality follows State succession, then nationals of what was formerly Palestine could claim the right to return to Israel and/or Palestine, in view of their de jure nationality. © Oxford University Press ARTICLES nationallicence International Journal of Refugee Law Oxford University Press 8/4(1996-10), 532-568 0953-8186 8:4<532 1996 8 reflaw https://doi.org/10.1093/ijrl/8.4.532 text/html Onlinezugriff via DOI 1 research-article jats NATIONALLICENCE 856 40 https://doi.org/10.1093/ijrl/8.4.532 text/html Onlinezugriff via DOI NATIONALLICENCE 100 1- LAWAND KATHLEEN Of the Quebec Bar. LL.L., LL.B. (Ottawa), LL.M. (London). This article is a revised version of the éauthor's masters' thesis submitted to the London School of Economics in 1995. The author wishes to express her thanks to Professor Rosalyn Higgins for her helpful comments on earlier drafts, and to Michael Byers for much appreciated suggestions and encouragement. The views expressed are the author's own NATIONALLICENCE 773 0- International Journal of Refugee Law Oxford University Press 8/4(1996-10), 532-568 0953-8186 8:4<532 1996 8 reflaw Metadata rights reserved CC BY-NC-4.0 http://creativecommons.org/licenses/by-nc/4.0 nationallicence SWISSBIB 350587051 BK010053 XK010053 XK010000 NATIONALLICENCE NATIONALLICENCE NL-oxford