(COMMENT)Israel has established a physical border, and performs daily protection of that border (Acquisition of Territorial Sovereignty). Sovereignty (Eric Brahm September 2004, Beyond Intractability)Challenger, et al,
Well, let's see if we can help.
Sovereignty is established by the nation that will place a claim sovereignty over a specific territory. By claim, we mean, Israel states its intention to extend and defense it exclusive jurisdiction.
The [United Nations] Organization is based on the principle of the sovereign equality of all its Members” (UN Charter, Article 2.1). This principle was elaborated in the 1970 Declaration on Principles of International Law (GA Res 2625(XXV)(1970)) in the following terms:
All States enjoy sovereign equality. They have equal rights and duties and are equal members of the international community, notwithstanding differences of an economic, social, political or other nature.
In particular, sovereign equality includes the following elements:
(a) States are juridically equal;
(b) Each state enjoys the rights inherent in full sovereignty;
(c) Each state has the duty to respect the personality of other states;
(d) The territorial integrity and political independence of the state are inviolable;
(e) Each state has the right freely to choose and develop its political, social, economic and cultural systems;
(f) Each state has the duty to comply fully and in good faith with its international obligations and to live in peace with other states.”
(REFERENCES)Any village, constructed inside the territory to which Israel claimed sovereignty (inside the Armistice Lines), is infrastructure for Israeli's.
This is interesting. Can you provide a link or other information, I could look up as to when and how exactly Israel claimed sovereignty over the territory it had captured and occupied by 1948-9?
I generally start my my research from the standpoint of what the Arab Palestinians believe to be true.
It is also important to understand what was discussed. Included in the recognition process, and enclosed as part of A/RES/273 (III) 11 MAY 1949, were TWO important notions and references: 1) The Declaration and Explanations, and 2) implementation of the of resolutions [A/RES/181 (II) and A/RES/194 (III)]:
• Recalling its resolutions of 29 November 1947 and 11 December 1948 and taking note of the declarations and explanations made by the representative of the Government of Israel before the ad hoc Political Committee in respect of the implementation of the said resolutions. Including the State of Israel, in its 1949 form, which Mr. C. MALIK (Lebanese Representative) brought to the floor of the Assembly for examination and discussion, and which Lebanon (and other members of the Arab League) believed were in direct contravention to the recommendations of the United Nations in at least 3 important respects:And it is important to the discussion on the position of the outcome of the Armistice in 1949:
∆ In its attitude on the problem of Arab refugees,
∆ On the delimitation of its territorial boundaries,
∆ On the question of Jerusalem.
History - The Hashemite Kingdom of Jordan(COMMENT)
Unification of the Two Banks:
As a result of the war, many Palestinian Arabs from the Jordanian-controlled areas found that union with Jordan was of vital importance to the preservation of Arab control over the “West Bank” territories which had not fallen to the Israelis. Consequently, in December 1948, a group of Palestinian leaders and notables from the West Bank convened a historic conference in Jericho, where they called for King Abdullah to take immediate steps to unite the two banks of the Jordan into a single state under his leadership.
On April 11, 1950, elections were held for a new Jordanian parliament in which the Palestinian Arabs of the West Bank were equally represented. Thirteen days later, Parliament unanimously approved a motion to unite the two banks of the Jordan River, constitutionally expanding the Hashemite Kingdom of Jordan in order to safeguard what was left of the Arab territory of Palestine from further Zionist expansion.
Israel has established a physical border, and performs daily protection of that border (Acquisition of Territorial Sovereignty). Sovereignty (Eric Brahm September 2004, Beyond Intractability) (See complete citation below) is inherent to the government of Israel. It is not awarded by an outside authority and it is not a contract between authorities. Sovereignty:
Most Respectfully,
1) It is that influence of governance that extends supreme dominion, exclusive authority, and jurisdiction over a territory.
2) The supreme political authority of the Independent State of Israel.
3) A sovereign state "is not subject, within its territorial jurisdiction, to the governmental, executive, legislative, or judicial jurisdiction of a foreign State or to the external authority of any foreign power; without its consent.
R
• Brahm, Eric. "Sovereignty." Beyond Intractability. Eds. Guy Burgess and Heidi Burgess. Conflict Information Consortium, University of Colorado, Boulder. Posted: September 2004 <Sovereignty | Beyond Intractability>.
• Posted 24th November 2012 by abdul qadir Acquisition of Territorial Sovereignty. International law generally recognizes five modes of acquiring territorial sovereignty,
• State Territory and Territorial Sovereignty, Dr. WALID ABDULRAHIM, Professor of Law, Beirut Arab University, Faculty of Law and Political Science
Do you mean like this? From your link.
(1) Occupation
: When a particular territory is not under the authority of any other state, a state can establish its sovereignty over such territory by occupation. The territory may never have belonged to any state, or it may have been abandoned by the previous sovereign. The PCIJ( permanent court of international justice) held that the occupation to be effective must consist of the following two elements
(i) intention to occupy. Such intention must be formally expressed and it must be permanent.
(ii) occupation should be peaceful, continuous.
You will notice that there are other examples that are closer to the situation.
(2) Annexation: Annexation means to incorporate (territory) into the domain of a country. Annexation is a unilateral act where territory is seized by one state. It can also imply a certain measure of coercion, expansionism or unilateralism. e.g 1961 annexation of Goa. Annexation of Golan Heights by Israel in 1967.
I recommend you read the set of PCIJ paper, specifically 3.1.2. Sovereignty and Territorial Integrity . It will give you some insight into the depth and breadth of the topic.
Also, the territory inside the maintained borders of Israel have been peaceful for a very significant period. The Hostile Arab Palestinians are outside the maintained border; largely in the West Bank and Gaza Strip. Israel has not stated any intention of annexing either areas.
Most Respectfully,
R