Statehood of Palestine

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Statehood of Palestine
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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

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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
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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

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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.

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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.

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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

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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

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Condition a government

• PRO
• Elections
• Palestinian National Authority
• Impediments by Occupation Power shouldnt be an
  excuse to delay independence UN GA Resolution
  1514 (XV)

• CONTRA
• Limited power of the Palestinian Authority
  (ineffective control)

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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.

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• 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)

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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)

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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.

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