الوضع القانوني للأراضي التي لم تكتمل فيها أعمال التسوية في الضفة الغربية

Hussein Ahed Ayaseh

doi:10.35516/law.v52i4.8847

Authors

Hussein Ahed Ayaseh Department of Civil Law Faculty of law and public administration, Birzeit University, Palestine. https://orcid.org/0009-0001-2720-7189

DOI:

https://doi.org/10.35516/law.v52i4.8847

Keywords:

West Bank, unsettled lands, incomplete settlement, real estate registry.

Abstract

Objectives: This study examines the legal status and provisions of unsettled lands in the West Bank, which have expanded significantly over time, tracing their origins to the British, Jordanian, and Palestinian eras. It aims to address a gap in the literature by clarifying the legal framework governing these lands.

Methods: A descriptive approach was used to explain the legal system for unsettled lands under the prevailing legislation in the West Bank. The study also employed an analytical approach to evaluate relevant legal texts and address the research problem.

Results: The study found that unsettled lands originated during the British era, transitioned through the Jordanian era, and were later governed by the Palestinian Authority. The outcomes of British and Jordanian land settlements differ significantly from the incomplete Palestinian settlement process. The Israeli occupation disrupted the earlier British and Jordanian settlements, preventing their completion. This disruption has had profound political consequences, enabling Israeli control over unsettled lands.

Conclusion: The study recommends that Palestinian authorities prioritize and expedite the completion of land settlement processes. It also calls for the enactment of legislation tailored to the Palestinian context and for necessary amendments to address the specific conditions of lands in the West Bank.

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