Statehood of Palestine

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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. - PowerPoint PPT Presentation

Transcript of Statehood of Palestine

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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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UN Resolution 242 of1967 calls parties to comply with «peace for land» principle

UN Resolution 338 of 1973 calling for cease fire

Palestinian Declaration of Independence by Palestine Liberation Organization (PLO), 1988 acknowledges UN resolutions of 242 and 181

Oslo Accords of 1993 (Declaration of Principles) – describes the form of Palestinian governance and transfer of authority from occupying power.

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Palestinian National Authority (PNA): The PNA Basic law provides for 3 pillars:

legislative, executive and judicial UNDER leadership of Palestine Liberation Organization.

Palestinian Legislative CouncilCouncil of MinistersPresident Palestine remains occupied by Israeli

military forces

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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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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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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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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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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)

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PRO Over 100 States

recognize the Palestinian State

PLO has extensive diplomatic relations (94 diplomatic Missions)

CONTRAUnder 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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