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Decisions of international and national tribunals
The U.S. State Department Digest of International Law says that the terms of the Treaty of Lausanne provided for the application of the principles of state succession to the "A" Mandates. The Treaty of Versailles (1920) provisionally recognized the former Ottoman communities as independent nations. It also required Germany to recognize the disposition of the former Ottoman territories and to recognize the new states laid down within their boundaries. The Treaty of Lausanne required the newly created states that acquired the territory to pay annuities on the Ottoman public debt, and to assume responsibility for the administration of concessions that had been granted by the Ottomans. A dispute regarding the status of the territories was settled by an Arbitrator appointed by the Council of the League of Nations. It was decided that Palestine and Transjordan were newly created states according to the terms of the applicable post-war treaties. In its Judgment No. 5, The Mavrommatis Palestine Concessions, the Permanent Court of International Justice also decided that Palestine was responsible as the successor state for concessions granted by Ottoman authorities. The Courts of Palestine and Great Britain decided that title to the properties shown on the Ottoman Civil list had been ceded to the government of Palestine as an allied successor state.[16]
Opinions of officials and legal scholars
For John Quigley Palestine's existence as a state predates the 1988 declaration. Tracing Palestine's status as an international entity back to the collapse of the Ottoman Empire after World War I, he recalls that the Palestine Mandate (19181948), an arrangement made under Article 22 of the Covenant of the League of Nations, held as its "ultimate objective", the "self-determination and independence of the people concerned." He says that in explicitly referring to the Covenant, the 1988 declaration was reaffirming an existing Palestinian statehood.[126] Noting that Palestine under the Mandate entered into bilateral treaties, including one with Great Britain, the Mandatory power, he cites this as an example of its "sovereignty" at that time. He also notes the corollary of the Stimson Doctrine and the customary prohibition on the use of force contained in the Restatement of Foreign Relations Law of the United States, "[a]n entity does not necessarily cease to be a state even if all of its territory has been occupied by a foreign power".[86]
States recognising the State of Palestine
The exact number of countries recognizing the State of Palestine is unknown, due to the equivocal nature of many official statements of acknowledgment.[155] Many countries have a standing policy against making formal declarations that recognize new governments instead indicating their recognition of a state by doing business with its government.[105] Francis Boyle, legal advisor to the PLO, assisted the organization in drafting the 1988 Declaration of the Establishment of the State of Palestine. At that time, the United States was using its Foreign Assistance Act and other measures to discourage other countries and international organizations from extending recognition.[156] According to one author, by 1988, more than 100 countries had recognized Palestine.[157] Boyle reported in 1990 that the number was 114 states.[95] In 2005, Anat Kurz reported that 117 United Nations member states had formally recognised the state of Palestine as a sovereign state.[158] In 2010, Boyle reported that the number was 127.[159]
State of Palestine - Wikipedia, the free encyclopedia
The U.S. State Department Digest of International Law says that the terms of the Treaty of Lausanne provided for the application of the principles of state succession to the "A" Mandates. The Treaty of Versailles (1920) provisionally recognized the former Ottoman communities as independent nations. It also required Germany to recognize the disposition of the former Ottoman territories and to recognize the new states laid down within their boundaries. The Treaty of Lausanne required the newly created states that acquired the territory to pay annuities on the Ottoman public debt, and to assume responsibility for the administration of concessions that had been granted by the Ottomans. A dispute regarding the status of the territories was settled by an Arbitrator appointed by the Council of the League of Nations. It was decided that Palestine and Transjordan were newly created states according to the terms of the applicable post-war treaties. In its Judgment No. 5, The Mavrommatis Palestine Concessions, the Permanent Court of International Justice also decided that Palestine was responsible as the successor state for concessions granted by Ottoman authorities. The Courts of Palestine and Great Britain decided that title to the properties shown on the Ottoman Civil list had been ceded to the government of Palestine as an allied successor state.[16]
Opinions of officials and legal scholars
For John Quigley Palestine's existence as a state predates the 1988 declaration. Tracing Palestine's status as an international entity back to the collapse of the Ottoman Empire after World War I, he recalls that the Palestine Mandate (19181948), an arrangement made under Article 22 of the Covenant of the League of Nations, held as its "ultimate objective", the "self-determination and independence of the people concerned." He says that in explicitly referring to the Covenant, the 1988 declaration was reaffirming an existing Palestinian statehood.[126] Noting that Palestine under the Mandate entered into bilateral treaties, including one with Great Britain, the Mandatory power, he cites this as an example of its "sovereignty" at that time. He also notes the corollary of the Stimson Doctrine and the customary prohibition on the use of force contained in the Restatement of Foreign Relations Law of the United States, "[a]n entity does not necessarily cease to be a state even if all of its territory has been occupied by a foreign power".[86]
States recognising the State of Palestine
The exact number of countries recognizing the State of Palestine is unknown, due to the equivocal nature of many official statements of acknowledgment.[155] Many countries have a standing policy against making formal declarations that recognize new governments instead indicating their recognition of a state by doing business with its government.[105] Francis Boyle, legal advisor to the PLO, assisted the organization in drafting the 1988 Declaration of the Establishment of the State of Palestine. At that time, the United States was using its Foreign Assistance Act and other measures to discourage other countries and international organizations from extending recognition.[156] According to one author, by 1988, more than 100 countries had recognized Palestine.[157] Boyle reported in 1990 that the number was 114 states.[95] In 2005, Anat Kurz reported that 117 United Nations member states had formally recognised the state of Palestine as a sovereign state.[158] In 2010, Boyle reported that the number was 127.[159]
State of Palestine - Wikipedia, the free encyclopedia
