Popular sovereignty is at the center of contemporary international law. It is not about power, money, or government. It is about the people. States only have rights as the extension of the people. Governments derive their legitimacy from the will of the people.P F Tinmore, et al,
I think you have the question wrong.
(COMMENT)So, who has the authority to "adjust" the borders of, or within, another country?
To be relevant, the question should be:
The relevant understanding comes not from merely reading some wording you have stumbled upon, but in actually being able to understand it both then (late 1940's) and now (more than seven decades after the UN Charter). In coming to this deeper understanding, you must reject the patrimonial understanding of territory (as a kind of property) that and moving on in favor of understanding the legitimate political authority --- one in the framework of "popular sovereignty." AND --- in doing so, answer two 21st Century questions: the question of
• Who has the authority to "adjust" the borders of, or within, "territories to which the Mandate for Palestine applies?"
But in answering these questions, one must be prepared to deal with the dissenting antagonists which fail to accept the contemporary theory as applied today.
• What territory is , or what territorial rights involve? and
• What are the conditions under which some some entity has territorial rights?
Sovereignty lies in the people of the place. All peoples have universal, inalienable rights.
This is not new. The Treaty of Lausanne said that the people of the place will be the citizens of their respective newly created successor states. The people were the primary concern in the LoN Covenant. They used terms like inhabitants, indigenous, and native. The Palestinian Citizenship Order gave citizenship to the people of the place. Resolution 181 stated that the Palestinians who normally lived in the territory that would become the Jewish state would be citizens of the Jewish state. They are the people of that place albeit under new governance. The right to return guarantees the people of the place their right to their place.
- The right to self determination without external interference.
- The right to independence and sovereignty.
- The right to territorial integrity.
√ The Covenant of the League of Nations, to entrust to a Mandatory selected by the said Powers the administration of the territory of Palestine, which formerly belonged to the Turkish Empire, within such boundaries as may be fixed by them.
√ On its arrival in Palestine the Commission shall proceed to carry out measures for the establishment of the frontiers of the Arab and Jewish States and the City of Jerusalem in accordance with the general lines of the recommendations of the General Assembly on the partition of Palestine. Nevertheless, the boundaries as described in Part II of this Plan are to be modified in such a way that village areas as a rule will not be divided by state boundaries unless pressing reasons make that necessary.
In the establishment of a relatively new state (Israel), political and terrorist opposition seeking to oppose the establishment of the Jewish National Home tend to seek the source of its legitimacy within the framework of international law either in the territorialist conception, whereby it claims that the Arab Palestinians are somehow entitled to come to independence within a particular and accepted territorial that they have determined is their sovereign territory, as opposed to the true holder of the rights and title to the territory --- with the authority to determine the future of that being in the hands of Allied Powers. The Jewish Immigrants, at the encouragement of the Allied Powers, and as a consequence of the exercise of self-determination, acting cooperatively with the Allied Powers, focused upon a central theme behind the Mandate --- that being the .
The principle of self-determination has risen in importance to become one of the key objectives: "the reconstituting their national home in that country."
In addressing these issues of territory, one must consider the political and legal concepts of modern international law; as well as, the ability to distinguish between the legal right to self-determination (Israel) versus the mere political expression of the doctrine (Arab Palestinians).
Most Respectfully,
R
NO SUCH LAW AS RIGHT OF RETURN
WOW, a whole page of external interference.P F Tinmore, et al,
You are attempting to apply contemporary logic to a post-Conflict partitioning of the sovereignty lost in war. It simply did not workout that way.
(COMMENT)Popular sovereignty is at the center of contemporary international law. It is not about power, money, or government. It is about the people. States only have rights as the extension of the people. Governments derive their legitimacy from the will of the people.
In the context of international law of western origin, acquisition of territories means either:
Article 16 of the Treaty is an example of a change in the holder of territory; wherein the Title and Rights were transferred to the Allied Powers.
• The assertion of a new sovereignty where there was none hitherto,
• A sovereignty modified by a change in the holder of the territory..
The legitimacy of a Government is based on its ability to stand on its own and defend its interest. Failing to maintain "effective control" of the territory was the first step in changing sovereignty.
Articles 34 and 35 of the Berlin Act introduces the doctrine of the “spheres of influence.” Any European country claiming possession of African coastline had to inform the other nations of its intentions. Otherwise, the claim would not be recognized. The "sphere of influence" also granted the claimant possession of the hinterlands. Article 35 of the Berlin Act addressed the occupation of Africa by introducing the doctrine of "effective occupation." This doctrine {1885 (as revised in 1919) - some 40 years before the San Remo Convention in which the Allied Powers agreed on the Mandate for Palestine] required the occupying nation to prove that it had the ability to protect existing interests. While popular support of the people was still important, it was NOT a prerequisite for the establishment of change in sovereignty. On 10 September 1919, the Allied Powers agreed to amend the Berlin Act:
Whereas the General Act of the African Conference, signed at Berlin on February 26, 1885, was primarily intended to demonstrate
the agreement of the Powers with regard to the general principles which should guide their commercial and civilising action in the
little known or inadequately organised regions of a continent where slavery and the slave trade still flourished ; and
Whereas by the Brussels Declaration of July 2, 1890, it was found necessary to modify for a provisional period of fifteen years
the system of free imports established for twenty years by Article 4 of the said Act, and since that date no agreement has been entered into, notwithstanding the provisions of the said Act and Declaration ; and
Whereas the territories in question are now under the control of recognised authorities, are provided with administrative institutions
suitable to the local conditions, and the evolution of the native populations continues to make progress ;
Wishing to ensure by arrangements suitable to modern requirements the application of the general principles of civilisation established by the Acts of Berlin and Brussels,
Yes, it is important that advanced civilizations protect and extend guidance, did not yet consider the inhabitants as the source of any authority, legitimacy or power. In that time period the general thoughts on the matter were that:
All the powers exercising sovereign rights or influence in the aforesaid territories bind themselves to watch over the preservation of the native tribes, and to care for the improvement of the conditions of their moral and material well-being and to help in suppressing slavery, and especially the Slave Trade. They shall, without distinction of creed or nation, protect and favor all religious, scientific, or charitable institutions and undertakings created and organized for the above ends, or which aim at instructing the natives and bringing home to them the blessings of civilization.
This was both the language and the intent of the 1885 Berlin Act (Amended 1919) used in the League of Nations Covenant.
(COMMENT)Sovereignty lies in the people of the place. All peoples have universal, inalienable rights.
- The right to self determination without external interference.
- The right to independence and sovereignty.
- The right to territorial integrity.
First, the idea that the citizenship clause makes any difference pertaining to the territorial control and sovereignty of the territories under Mandate, is simply wrong. It was merely a vehicle used to extend citizenship criteria over the territory until such time as the provisional recognition could stand alone. The successor government was the government extended by the Mandatory over the territory, and not some authority derived from the inhabitants.
(COMMENT)This is not new. The Treaty of Lausanne said that the people of the place will be the citizens of their respective newly created successor states. The people were the primary concern in the LoN Covenant. They used terms like inhabitants, indigenous, and native. The Palestinian Citizenship Order gave citizenship to the people of the place. Resolution 181 stated that the Palestinians who normally lived in the territory that would become the Jewish state would be citizens of the Jewish state. They are the people of that place albeit under new governance. The right to return guarantees the people of the place their right to their place.
The "people" were a concern, but not in the fashion in which you imply. First, the League of nations was the authority for the Mandate. As such, the League of Nations, when specifically addressing the inhabitants, did so in the Mandate for Palestine. The Mandate for Palestine, specifically directed that the civil and religious rights were to be protected. The League of Nations also directed immigration priorities for the Jewish Immigrants in the furtherance of establishing a Jewish National Home.
There was no clause, treaty, declaration or agreement that specifically promised sovereignty to a specific inhabitant in the territorial region. Without the effective control of territory, the right of territorial integrity means nothing. When the territory is zero (none), then the right of zero integrity means nothing.
Most Respectfully,
R
Only if you are a moron, but then you show that even the simplest of concepts is outside your grasp. Look at the history of Palestine and you will see Ottoman muslim and arab muslim interference for the last 1000 years or so. This culminated in the refusal to accept a Jewish state in Palestine even after the LoN gave the lions share to the arab muslims. The arab league by what ever name it used interfered in the rights of the Palestinians from 1917 when they reneged on the treaty made with the LoN and the senior arab muslim in the area. At the end of the day it is down to the muslims thinking that they have supremacy over the rest of the world, and enforcing it with violence.
THAT IS YOUR OUTSIDE INFLUENCE IN PALESTINE, NOTHING TO DO WITH BRITAIN, FRANCE OR THE USA. IT IS ALL DOWN TO THE FIGHT BETWEEN THE TWO MAJOR SECTS OF ISLAM AND WHO WILL CONTROL MECCA.