RoccoR
Gold Member
- Sep 15, 2010
- 11,933
- 3,549
P F Tinmore, et al,
Pay attention; this is not dumbed down.
At midnight, on 14/15 May 1948, the British terminated their responsibilities to the Mandate. At the time, the successor government to the Mandate of Palestine became the UNPC. However, moments after the Mandate terminated, the Provisional Government for the State of Israel declared Independence. The UNPC was the successor government to the territory formerly under the Mandate, less the Jordan and less the territory allocated to the Jewish State. "Powerful Arab interests, both inside and outside Palestine, are defying the resolution of the General Assembly and are engaged in a deliberate effort to alter by force the settlement envisaged therein (First Special Report to the Security Council: The Problem of Security in Palestine).
Yes, the successor government was the UNPC, but not the successor to Jordan or the newly formed state of Israel. According to the "Declarative Theory of Statehood," (a legal and philosophical concept used by the ICJ) the existence of a state does not depend upon recognition by other states (ie the Arab States or the Palestinians).
I tend to think that in the future, and maybe even if the ICC comes to evaluate the Israeli-Palestinian Conflict, that neither the constitutive, nor the declarative theory of statehood will be found acceptable; and that new criteria will have to be developed to determine where self-determination and occupation/extended effective control becomes de facto sovereignty.
Most Respectfully,
R
Pay attention; this is not dumbed down.
(COMMENT)P F Tinmore, et al,
I think you are sadly mistaken. You have to read the complete thought!!!
(COMMENT)[
An appropriate Jewish agency shall be recognised as a public body for the purpose of advising and co-operating with the Administration of Palestine - See more at: Mandate for Palestine - League of Nations 12 August 1922
When the Administration folds it is out of a job.
You be correct to say that, when the Government Administration of Palestine (in this case the Mandatory) terminates its affiliation and relinquishes control to the successor government (in this case the Israeli Government that declared Independence) then the Article 4 authority becomes the authority of the new Independent Government (that being Israel). Then the "public body" known as the Jewish Agency comes under the authority and responsibility of the new government. Just because the old government terminates, does not mean that the function of government stops. The bills must be paid, the electric must be generated, the post office must still deliver, the water must still pump and flow, and emergency services must still operate (as examples). With "rare exceptions," all the arrangements to construct or operate, any public works, services and utilities, and to develop any of the natural resources of the country that the Mandatory leveraged through the Jewish Agency (to include some immigration arrangements) must continue seamlessly through the transition. Again, while the Jewish Agency no longer reported to the Mandatory after the termination, does not mean that the successor government (the Independent State of Israel) did not have the need to continue providing services to the citizenry. "The Jewish Agency continues to be the Jewish world’s first responder, prepared to address emergencies in Israel, and to rescue Jews from countries where they are at risk."
For the life of me, I cannot quite figure-out where you get these odd notions about the Jewish Agency; or its transition from Mandate management to Israeli management.
Most Respectfully,
RYou be correct to say that, when the Government Administration of Palestine (in this case the Mandatory) terminates its affiliation and relinquishes control to the successor government (in this case the Israeli Government that declared Independence)
I thought you said that Britain relinquished control to the UNPC. If I remember correctly you documented that move.
At midnight, on 14/15 May 1948, the British terminated their responsibilities to the Mandate. At the time, the successor government to the Mandate of Palestine became the UNPC. However, moments after the Mandate terminated, the Provisional Government for the State of Israel declared Independence. The UNPC was the successor government to the territory formerly under the Mandate, less the Jordan and less the territory allocated to the Jewish State. "Powerful Arab interests, both inside and outside Palestine, are defying the resolution of the General Assembly and are engaged in a deliberate effort to alter by force the settlement envisaged therein (First Special Report to the Security Council: The Problem of Security in Palestine).
Yes, the successor government was the UNPC, but not the successor to Jordan or the newly formed state of Israel. According to the "Declarative Theory of Statehood," (a legal and philosophical concept used by the ICJ) the existence of a state does not depend upon recognition by other states (ie the Arab States or the Palestinians).
I tend to think that in the future, and maybe even if the ICC comes to evaluate the Israeli-Palestinian Conflict, that neither the constitutive, nor the declarative theory of statehood will be found acceptable; and that new criteria will have to be developed to determine where self-determination and occupation/extended effective control becomes de facto sovereignty.
Most Respectfully,
R