Paelstinian Statehood and International Law

Journal of The Jewish Policy Center, Focus Quarterly, Vol. V, No. 3, Fall 2011

3 Pages Posted: 25 Oct 2011

Date Written: September 23, 2011

Abstract

Immense anxiety has surrounded the unilateral declaration of Palestinian independence (known as the UDI) by the Palestinian Authority (PA), and an accompanying UN resolution supporting that declaration. Although the political impact of such a declaration and resolution remains to be seen, there will be no immediate legal effect for two reasons. First, a UN resolution alone does not create a state; it is not a legally binding document but rather a mere expression of collective sentiment. And second, with respect to the legal qualifications for statehood, any act undertaken to establish a Palestinian state will be insufficient to confer membership in the community of nations, even in the presence of a significant display of support for a state of Palestine. This will largely be due to the Palestinians' inability to satisfy the Security Council that, once a state, it will abide by the principles of the United Nations Charter.

Keywords: Statehood, International Law, Security Council, United Nations, Charter

Suggested Citation

Samson, Elizabeth, Paelstinian Statehood and International Law (September 23, 2011). Journal of The Jewish Policy Center, Focus Quarterly, Vol. V, No. 3, Fall 2011. Available at SSRN: https://ssrn.com/abstract=1949191
No contact information is available for Elizabeth Samson

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