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Statehood of Palestine

Statehood of Palestine. Palestine as a mandate territory. Balfour Declaration of 1917 1920-1948 British Mandate of Palestine 1947 UN Partition plan (Resolution181) 1967 Occupation of Palestine by Israel. Attempts to come to an agreement.

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Statehood of Palestine

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  1. Statehood of Palestine

  2. Palestine as a mandate territory • Balfour Declaration of 1917 • 1920-1948 British Mandate of Palestine • 1947 UN Partition plan (Resolution181) • 1967 Occupation of Palestine by Israel

  3. Attempts to come to an agreement • UN Resolution 242 of1967 calls parties to comply with «peace for land» principle • UN Resolution 338 of 1973 calling for cease fire Oslo Accords of 1993 (Declaration of Principles) – describes the form of Palestinian governance and transfer of authority from occupying power. Palestinian Declaration of Independence by Palestine Liberation Organization (PLO), 1988 acknowledges UN resolutions of 242 and 181

  4. Current status • Palestinian National Authority (PNA): • The PNA Basic law provides for 3 pillars: legislative, executive and judicial UNDER leadership of Palestine Liberation Organization. Palestinian Legislative Council Council of Ministers President • Palestine remains occupied by Israeli military forces

  5. The Montevideo convention of 1933 – customary law The Montevideo convention provides the following qualifications for statehood: • a) a permanent population • b) a defined territory • c) a government, and • d) the capacity to enter into relations with other states.

  6. Other issues to be considered.... • The state has not been established as a result of illegality. • The state is willing and able to abide by international law • The claim to statehood is compatible with the right to self-determination (jus cogens) • Declarative theory of Statehood: The political existence of the State is independent of its recognition by other States.

  7. Condition: A permanent population... PRO • A permanent population in Gaza and the West Bank • The original inhabitants of the territory CONTRA Lack of effective and independent control over the permanent population

  8. Condition: A defined territory… PRO • Palestine complies with UN Resolution 242, 338 • UN GA Resolution 1514 (XV) 3) Inadequacy of political, economic, social or educational preparedness should never serve as a pretext for delaying independence. CONTRA • The boundaries are not defined • No communication between the territories • Part of Palestinian population still claims historical Palestine

  9. Condition: a government… PRO • Elections • Palestinian National Authority • Impediments by Occupation Power shouldn’t be an excuse to delay independence: UN GA Resolution 1514 (XV) CONTRA • Limited power of the Palestinian Authority (ineffective control)

  10. Condition: the capacity to enter into relations with other states… PRO • Over 100 States recognize the Palestinian State • PLO has extensive diplomatic relations (94 diplomatic Missions) CONTRA Under Israeli-Palestinian peace agreements, the PA is not entitled to engage in Foreign relations.

  11. Participates in the session and work of the General Assembly, General Assembly and the UN conferences (1974) • Full membership in Economic and Social Commission for Western Asia (1975) • Participated in the debate of the Security Council (1975) «as if» under the rule 37 of the Provisional Rules of Procedure of the Security Council • Full member of the Asian Group of the UN (1982) • Communications of the Palestine Liberation Organization circulate as official documents of the UN (1988) • Designation “Palestine” is used instead of “Palestine Liberation Organization” (1988) • Additional rights and privileges (1988) • the right to participate in the general debate held at the start of each session of the General Assembly, • the right to cosponsor resolutions and the right to raise points of order on Palestinian and Middle East issues • the seating of Palestine is located directly after non-Member States, with the allocation of 6 seats for delegates (observers get 2 seats). • President of the Palestinian Authority addressed the topic in plenary meeting of the UN General Assembly under “General Debate” (1998)

  12. PA in the International Arena 1 • Palestine: Member at a.o.: • Organization of the Islamic Conference (full membership) • Arab League (full membership) • ICRC (full membership) • Organization of African Unity • World Intellectual Property Organization • Euromed Partnership Program • Non-allience movements • WHO (Observer status: No voting)

  13. PA in the International Arena 2 • 94 Diplomatic Missions. • Palestinian Passport recognized by almost all countries. • Bilateral and multilateral agreements: - Free trade agreements with numurous States including China, EU, USA and Canada.

  14. Thank you for your attention

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