The Statehood of Palestine :International Law in the Middle East Conflict

Publication subTitle :International Law in the Middle East Conflict

Author: John Quigley  

Publisher: Cambridge University Press‎

Publication year: 2010

E-ISBN: 9781139036719

P-ISBN(Paperback): 9780521768115

Subject: D815.4 Middle East and the question of Palestine

Keyword: 法学各部门

Language: ENG

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The Statehood of Palestine

Description

Palestine as a territorial entity has experienced a curious history. Until World War I, Palestine was part of the sprawling Ottoman Empire. After the war, Palestine came under the administration of Great Britain by an arrangement with the League of Nations. In 1948 Israel established itself in part of Palestine's territory, and Egypt and Jordan assumed administration of the remainder. By 1967 Israel took control of the sectors administered by Egypt and Jordan and by 1988 Palestine reasserted itself as a state. Recent years saw the international community acknowledging Palestinian statehood as it promotes the goal of two independent states, Israel and Palestine, co-existing peacefully. This book draws on evidence from the 1924 League of Nations mandate to suggest that Palestine was constituted as a state at that time. Palestine remained a state after 1948, even as its territory underwent permutation, and this book provides a detailed account of how Palestine has been recognized until the present day.

Chapter

Lenin, Trotsky, and self-determination

Woodrow Wilson and self-determination

The Palestine Arab Quest for Independence

3 A League of Nations

Statehood in a British Draft Convention on Mandates

Statehood in the League of Nations Covenant

Local Reaction to Mandate Statehood

Statehood in the Allies’ San Remo Resolution

4 A State Detached

Statehood in the Palestine Mandate Instrument

Statehood in the Treaty of Lausanne

5 The Class A Mandates

The Iraq mandate

The Syria mandate

Transjordan in the Palestine Mandate

The Palestine mandate as potentially different

6 Palestine in Operation

Palestine’s treaties

Palestine nationality

Palestine in proceedings about the Ottoman public debt

Palestine in the Permanent Court of International Justice

Palestine as a state in most-favored-nation treaties

7 A State Awaiting Independence

Sovereignty in search of a home

Sovereignty analysis questioned

Sovereignty in the population

Mandates as comparable to protectorates

Legality of the mandates

Palestine as a state

PART TWO: STATEHOOD IN TURMOIL

8 A Post-Mandate State

Arab League on Palestine statehood

United Nations Charter and Palestine statehood

Plans for Palestine independence

United Nations efforts

Resolution 181 and Palestine statehood

Non-implementation of Resolution 181

A possible trusteeship

9 The State Comes Apart

Palestine statehood in UN Security Council discussions

Arab League efforts at establishing a Palestine government

A government for “All Palestine”

Central Palestine

Admission of Israel to the United Nations

10 Palestine in Three Pieces

Gaza

West Bank of the Jordan River

Israel

Continuity of Palestine

Palestine without a government of its own

Palestine nationality after 1948

PART THREE: PALESTINE IN THE WORLD COMMUNITY

11 An Organization for Palestine

Occupation of Gaza and the West Bank

Palestine in the United Nations General Assembly

Palestine in the United Nations Security Council

Acceptance by international organizations

Palestine in the United Nations Economic and Social Council

The General Assembly and the right of reply

Palestine in UN peace efforts

12 A Government for Palestine

A declaration

Legal Basis of the Declaration

13 The World Reacts

The Declaration acknowledged

The Declaration as a precursor to independence

Absence of negative reaction

Palestine and the World Health Organization

Palestine and UNESCO

Ratification of Geneva conventions

More action on Palestine at the United Nations

Palestine again in the World Health Organization

14 Palestine in the Peace Process

Palestine statehood in the Declaration of Principles

Administration of territory by Palestine

Possible reassertion of statehood in 1996

Palestine and Europe

Enhancement of Palestine’s UN status

Possible reassertion of statehood in 1999

Legality of a reassertion of Palestine statehood

Request for a United Nations presence

Possible reassertion of statehood in 2000

15 Palestine in the New Century

Palestine in the 2003 Road Map

Palestine in the International Court of Justice

Palestine and the UN Secretariat

Talks with Israel touching statehood

Security Council and the Government of Palestine

Palestine in the International Criminal Court

A European initiative

An Israeli acknowledgment

A Palestinian initiative

PART FOUR: THE CONTOURS OF STATEHOOD

16 Palestine Meets Montevideo

Origin of the Montevideo criteria

Palestine under the criteria

Population

Territory

Capacity to enter into international relations

Control by governmental institutions

Relevance of the Montevideo criteria

17 Statehood under the Gun

Effect of belligerent occupation on statehood

Emergence of a state during a period of belligerent occupation

The Namibia precedent

Partial cession of control

18 Recognition and Statehood

Implied recognition

Acts giving rise to implied recognition

Recognition and admission to international organizations

A minimum number or percentage?

19 When Is a State?

Montevideo meets reality

“Failed states”

Entities deemed entitled

Monaco

Former United States trust territories

Former New Zealand trust territories

Actual standard of statehood as applied to Palestine

20 Implications of Palestine Statehood

Implications for peace negotiations

The United Nations

Treaties and specialized UN agencies

Consequences for Palestine

Palestine statehood and the way forward

Notes

Chapter 1

Chapter 2

Chapter 3

Chapter 4

Chapter 5

Chapter 6

Chapter 7

Chapter 8

Chapter 9

Chapter 10

Chapter 11

Chapter 12

Chapter 13

Chapter 14

Chapter 15

Chapter 16

Chapter 17

Chapter 18

Chapter 19

Chapter 20

Bibliography

Index

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