Paelstinian Statehood and International Law

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