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The Question of Palestine

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by

Nidhi Tambe

on 19 February 2014

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Transcript of The Question of Palestine

Statehood
Statehood = identity, recognition, participation.
Article 4(1) of the UN Charter provides: “Membership in the United Nations is open to all […] peace-loving states which accept the obligations contained in the present Charter…”
November 22, 1974 – PLO awarded non-state observer status.
1988 – “Palestine” nomer awarded.
1998 – Right to participate in general debate.
November 29, 2012 – “Observer state” status.

Rights Awarded
Palestinian people and territory are given certain rights:

the resolution ‘reaffirms’ the right of the Palestinian people to independence,
self-determination, within the State of Palestine.

EFFECT IN THEORY
“Non-member States having received a standing invitation to participate as observers in the sessions and the work of the General Assembly and maintaining permanent observer missions at Headquarters.”

Being a state
EFFECT IN
PRACTICALITY:
The Sovereign State:
Theories of Statehood
Constitutive Theory: A state is sovereign if recognized by other sovereign states. But! How many and whose recognitions are necessary? 

Declarative Theory: Far more realistic. As per the Montevideo Convention,  an entity's statehood is independent of its recognition by other states. Article 3 of the Montevideo Convention declares that statehood is independent of recognition by other states. 
Palestine is guaranteed the rights and subject to the duties of the state under general international law. Such rights include, but are not limited to diplomatic immunity, protection from the use of force, the right to collective self-defence, along with access to international justice systems and dispute mechanisms; exercising plenary jurisdiction; full treaty making competence, and possible grounds for membership in international and intergovernmental organizations.
Any direct legal implication? No.
Symbolic victory over Israel and the US? Yes.
ICC!!!
Conventions! :)

Why?
Duty of every State to promote the realization of the principle of equal rights & the self-determination of peoples.
Protection of civilian persons in times of war as per the Geneva Convention.
The Right of the Palestinian people to self-determination and the right to their independent state of Palestine.

Which means…
If this resolution absolutely, through mere universal declaration and recognition, confers upon Palestine the status of “state”, does the absence of such recognition negate the “statehood” of an entity? Has the General Assembly created a new State?

The Question of Palestine
Full transcript