P F Tinmore
Diamond Member
- Dec 6, 2009
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Speaking of welfare, Israel is the mooch capital of the world.Indeed, it's called 'Pal'istanian' Welfare Syndrome.P F Tinmore, et al,
NO, you keep ignoring the most important part.
(COMMENT)You keep skipping over the most important part. Neither the LoN nor the Mandate claimed title or sovereignty over that territory.P F Tinmore, et al,
Well, that has little to do with reality.
Nearly everyone agrees that there are (at least) the five basic modes for the Acquisition of Territorial Sovereignty; one of which is known as "cessation." This can go in either direction (acquisition of divestiture).
By signing the treaty, the Allied Powers agreed to the expression and contents. The variant here is that the Allied Powers intended (once the Ottoman Empire/Turkish Republic were out of the equation) that (in some form and at sometime in the future) all the inhabitants would have the opportunity to establish self-governing institutions (self-determination). The territory we call today as the "occupied Palestinian territories" (oPt) come to exist as a political subdivision of its own based on the divestiture by the Ottoman Empire/Turkish Republic (the undisputed sovereign for the eight centuries previous.
While you may disagree, in the practical sense, a claim to sovereignty based not upon some particular act or title such as a treaty of cession but merely upon continued display of authority, involves two elements each of which must be shown to exist:
• The intention and will to act as a sovereign,
• The actual exercise or display of such authority.
(COMMENT)
However, neither the LoN nor the Mandate annexed or otherwise claimed title to that territory. They held it in trust for the inhabitants who were the citizens of Palestine.
So, the remainder of your chain of succession is invalid.
It does not matter what was annexed or not, the fact of the matter is, that just like the Armistice of Mudros, the Treaty of Sevres, and the Treaty of Lausanne, it is called the Acquisition of Territorial Sovereignty by "cession."
"When a state transfers its territory to another state, acquisition by cession takes place in favour of such later state. The cession of territory may be voluntary or maybe under compulsion as a result of war. The act of cession maybe even in the nature of a gift, sale, exchange or lease. Cession is the transfer of territory usually by treaty from one state to another."
It is NOT so dissimilar to when Jordan cut all ties with West Bank. That only left Israel as the remaining government in place. The is similar to Acquisition by Occupation; when West Bank territory is not under the authority of any other state, a state can establish its sovereignty over such territory by occupation; having been abandoned by the previous sovereignty of the Hashemite Kingdom.
But a simple insistence, by the Arab Palestinians, of the rights of self-determination, independence and sovereignty --- or ---- an intention to render the control over the territory is not sufficient. There must be an actual display of authority.
Most Respectfully,
R
They held it in trust until the inhabitants could stand alone. However, Britain violated the LoN Covenant and prevented that from happening.
The "LoN nor the Mandate claimed title or sovereignty over that territory," it was granted to the Allied Powers as a collective when they signed the treaty.
The concept is embedded in the idea that a power can gain sovereignty or lose sovereignty.
IN a "cession of territory" TWO things generally happen. In the case of the territory outside Turkey, the act of cession was compulsion (Article 16) as a result of a conflict outcome. The Allied Powers, and the Ottoman Empire/Turkish Republic accept the terms and conditions upon signature and ratification.
As far as the Covenant goes, the Arabs of Palestine --- even if they are the "certain communities formerly belonging to the Turkish Empire (which is by no means clear)," have yet to demonstrate that they are capable to "stand alone." They have a hard enough time just figuring-out who represents them. And, there is nothing in the Covenant that prevents the Allied Powers from determining "the future of these territories;" in accordance with the treaty and at the discretion of the Allied Powers.
Most Respectfully,
Rhave yet to demonstrate that they are capable to "stand alone."
Indeed, it is called illegal external interference.