Abstract

http://ssrn.com/abstract=2037780
 


 



A Different Departure: A Reply to Shany’s Redrawing Maps, Manipulating Demographics: On Exchange of Populated Territories and Self-Determination


Timothy William Waters


Indiana University - Maurer School of Law; Max Planck Institute (International Law)

April 10, 2012

2 Law and Ethics of Human Rights 311-23 (2008)

Abstract:     
This paper, a reply to Prof. Yuval Shany's 'Redrawing Maps, Manipulating Demographics: On Exchange of Populated Territories and Self-Determination,' continues the argument advanced in T.W.Waters, 'The Blessing of Departure: Acceptable and Unacceptable State Support for Demographic Transformation – The Lieberman Plan to Exchange Populated Territories in Cisjordan,' 2 LAW & ETHICS OF HUMAN RIGHTS 221-85 (2008), SSRN Abstract No. 958469, to which Shany was responding. It argues that Shany's objections to the idea of transferring populated territories from Israel to Palestine fail in ways which share a common defect: an assumption that a state polity has an essential, even moral, integrity. Though a given transfer might offend human rights principles, it is not clear that transfer as such violates any right. At core, Shany's objection is to the bare fact that transfer breaks any existing political community, but it is not clear that this is a rights violation or even necessarily a problem, if the members of that community no longer share common bonds. A strong defense of liberal, cosmopolitan principles ends, curiously, in a defense of the state as such.

Number of Pages in PDF File: 13

Keywords: Israel, Palestine, population transfer, territory, self-determination, ethnic cleansing, Avigdor Lieberman, citizenship, nationalism

JEL Classification: Z00, R52, N40, N45, N30, N35, K33, J78, J70, J00

Accepted Paper Series


Download This Paper

Date posted: April 10, 2012 ; Last revised: April 11, 2012

Suggested Citation

Waters, Timothy William, A Different Departure: A Reply to Shany’s Redrawing Maps, Manipulating Demographics: On Exchange of Populated Territories and Self-Determination (April 10, 2012). 2 Law and Ethics of Human Rights 311-23 (2008). Available at SSRN: http://ssrn.com/abstract=2037780

Contact Information

Timothy William Waters (Contact Author)
Indiana University - Maurer School of Law ( email )
211 S. Indiana Ave.
Bloomington, IN 47405
United States
Max Planck Institute (International Law) ( email )
Im Neuenheimer Feld 535
69120 Heidelberg, 69120
Germany
Feedback to SSRN


Paper statistics
Abstract Views: 283
Downloads: 14

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.297 seconds