As the institutions of Palestinian self-government have evolved, it has become increasingly apparent that the principal challenge for Palestinian decision-makers will be to establish structural and legal bases for the emergence of a civil society and a dynamic economy. The hurdles that confront Palestinian decision-makers in this regard are considerable, and may be divided into two groups. First, Palestinian leaders must recognize and resolve the “structural” challenges reflected in the political and economic realities imposed by current events. These include the peace process with Israel, the creation of the Palestinian National Authority (“PNA”), and the more recent creation of the Palestinian Council. The second group of hurdles facing Palestinian authorities are legal. These challenges embody the legal fallout of the region's tumultuous recent history, which has resulted in an awkward amalgam of laws derived from legislation enacted under the auspices of various rulers who have controlled the West Bank and Gaza (collectively, “Palestinian Territories”) at different periods during this century. This Essay addresses both groups of hurdles, structural and legal, in turn.
Keith C. Molkner,
Legal and Structural Hurdles to Achieving Political Stability and Economic Development in the Palestinian Territories,
19 Fordham Int'l L.J. 1419
Available at: http://ir.lawnet.fordham.edu/ilj/vol19/iss4/6