Recognition of Palestinian Statehood: A Clarification of the Interests of the Concerned Parties

81 Pages Posted: 23 Feb 2016 Last revised: 25 Feb 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: 2012

Abstract

The recognition of Palestinian statehood has now become an important issue in the evolution of the conflict between the state of Israel and the Palestinian people. The issue has been made more interesting by decisions of the Canadian Supreme Court and the International Court of Justice (ICJ). In particular, this Article refers to the judgment of the ICJ concerning the Unilateral Declaration of Independence of Kosovo. This judgment adds insights to the prospect of a Palestinian claim to statehood and independence from an international law perspective. More generally, 2010 culminated in the widespread perception that Israel’s leaders seek to maintain the status quo indefinitely, leaving Palestinians as an occupied people, which ostensibly secures Israeli interests. If true, such a position is contrary to Israel’s international legal obligations and places Palestinian aspirations at heightened risk. As the Palestinians’ representatives began seeking support for international recognition for the state of Palestine, Israel reached out to other countries — most significantly, the United States — to block such a move. On December 15, 2010 the United States Congress passed a resolution condemning acts by the Palestinians to seek unilateral (meaning without the permission of Israel) recognition of the state of Palestine. Recent developments in the Israeli-Palestinian conflict suggest that a clarification of international law standards regarding new states, as well the issue of recognition of Palestinian statehood, is ripe for analysis.

Keywords: Palestinian statehood and independence, Israel

Suggested Citation

Nagan, Winston Percival and Haddad, Aitza M and Haddad, Aitza M, Recognition of Palestinian Statehood: A Clarification of the Interests of the Concerned Parties (2012). Georgia Journal of International and Comparative Law, Vol. 40, No. 341, 2012, Available at SSRN: https://ssrn.com/abstract=2735995

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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