P F Tinmore
Diamond Member
- Dec 6, 2009
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P F Tinmore, et al,
(REFERENCES)There are several UN resolutions stating that the Palestinians have the right to self determination, however, I have never seen one that says the same thing about Israel.I think that you are trying to question the Israeli "right of self-determination"...
* To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace; Article 1(2), UN Charter.
International Covenant on Civil and Political Rights
PART I
Article 1
(COMMENT)
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
Self-determination is applied to everyone. The International Law and the 1945 UN Charter, are in agreement: "All peoples have the right of self-determination."
(REFERENCE)The British Mandate was not a state. It was a temporarily appointed administration.Israel, as a "Successor State" to the territory which was dependent (for the international relations diplomatic and legalities) to the "Predecessor State" (the appointed Mandatory: Britain).
Vienna Convention on Succession of States in respect of Treaties
Done at Vienna on 23 August 1978
Article 2
Use of terms
1.For the purposes of the present Convention:
(b) “succession of States” means the replacement of one State by another in the responsibility for the international relations of territory;
(c) “predecessor State” means the State which has been replaced by another State on the occurrence of a succession of States;
(d) “successor State” means the State which has replaced another State on the occurrence of a succession of States;
(e) “date of the succession of States” means the date upon which the successor State replaced the predecessor State in the responsibility for the international relations of the territory to which the succession of States relates;
(f) “newly independent State” means a successor State the territory of which immediately before the date of the succession of States was a dependent territory for the international relations of which the predecessor State was responsible;
(COMMENT)
As you know, Israel was a "newly independent state" (declared 15 May 1948) when it was invaded by external forces. Notice that the international law (supra --- " f " ---) speaks about the "territory" and "dependent territory." The territory to which the Mandate applied was a "dependent territory" --- dependent on the Mandatory for Government; which then transferred to from the British to the UNPC.
(EPILOG)
What I find interesting is that the Arab Palestinians think they are unique in some manner. In this case, it is about the implication where the Arab Palestinians (who rejected participation in the Government Administration) have the unique right to self-determination; whereas the Jewish Immigrant establishing the Jewish National Home under the guidance of the Mandatory, and following the "Steps Preparatory to Independence" do not have the same right.
Most Respectfully,
R
They aren't in the sense of a nationality.Your second statement shows that you are confused over the meaning of a people.
Oh seriously? You are in the "Jews are not a people" camp? Groan.