The Legal and Policy Implications of the Possibility of Palestinian Statehood

The Legal and Policy Implications of the Possibility of Palestinian Statehood, Winston P. Nagan and Aitza M. Haddad, UC Davis Journal of International Law and Policy, Vol. 18:2 (Spring 2012)

101 Pages Posted: 14 Mar 2016

See all articles by Winston P. Nagan

Winston P. Nagan

Levin College of Law (University of Florida)

Aitza M Haddad

Howard University; University of Florida

Date Written: October 25, 2012

Abstract

The issue of Palestinian statehood should be seen in terms of other developments in the Middle East. One of the most important developments in the context of the Middle East are the events that have been characterized as the “Arab Spring.” The Arab Spring was an assertion of unilateral initiative for popular democratic change on the part of the peoples of Tunisia, Egypt, Libya, and most recently, Syria. The Arab Spring has, on the whole, received the support of the United States, in where policy makers have supported the unilateral peaceful demands of the peoples in these states. However, although these people assert their universal rights to human dignity, the Palestinian people have been denied by the international community these same universal rights. In this sense, if Palestinian statehood is packaged as essentially an aspect of the Arab Spring, the timing of the unilateral assertion of these claims would seem to be appropriate.

Conflict between the Palestinians and Israelis may be traced back prior to the events of the Second World War (“WWII”). On the one side, the people of Israel succeeded in creating a de facto and de jure nation state flowing from the United Nations General Assembly (“UNGA”) Resolution (Decision) directing a partition of the territories between Israelis and Palestinians. However, the territory that now comprises both Israel and the occupied Palestinian territories was vested, in the aftermath of the defeat of the Turkish Empire in World War I, with a unique international legal status created and administered by a new international organization, The League of Nations (“the League”).

Keywords: Palestinian statehood, universal rights, Israelis, Palestinians

Suggested Citation

Nagan, Winston Percival and Haddad, Aitza M and Haddad, Aitza M, The Legal and Policy Implications of the Possibility of Palestinian Statehood (October 25, 2012). The Legal and Policy Implications of the Possibility of Palestinian Statehood, Winston P. Nagan and Aitza M. Haddad, UC Davis Journal of International Law and Policy, Vol. 18:2 (Spring 2012), Available at SSRN: https://ssrn.com/abstract=2746951

Winston Percival Nagan (Contact Author)

Levin College of Law (University of Florida) ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States

Aitza M Haddad

Howard University ( email )

2400 Sixth Street, NW
Washington, DC 20059
United States

University of Florida ( email )

PO Box 117165, 201 Stuzin Hall
Gainesville, FL 32610-0496
United States

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