RE: BREAKING: The UN concludes that Israel has established an APARTHEID REGIME...
※→ P F Tinmore, et al,
In the reading on Sovereignty, in several of the classic journals, you will find that the concepts and definitions of Sovereignty vary.
However, this sounds Essay by Dr Jen Bartelson, is a little more cmlcated then that which we need here in this discussion group. The source that seems easiest to understand is that of Dr Abdulrahim, Beirut University. LET ME SAY, I don't have an original thought on this page (I don''t want to be accused of plagiarism. It ALL is derivative from the professional journals and academic publications (mostly from Dr Abdulrahim).
Dr. WALID ABDULRAHIM
Professor of Law
Beirut Arab University
Faculty of Law and Political Science
State Territory and Territorial Sovereignty
As stated in a previous chapter dealing with a State, a territory is one of the fundamental elements of statehood. Without a territory, an entity cannot be a State. The notion that a State occupies a definite portion of the earth within which it exercises, subject to the limitations of International Law, its exclusive authority to the exclusion of other States lies at the basis of International Law. The exercise of such a supreme authority by a State over its own territory is known in International Law as “territorial sovereignty”.
(ANSWER)
Israel was admitted to the United Nations as a State in spite of disputes over its existence and territorial delineation.
(COMMENT)
The existence of a particular territory over which a political authority operates is essential for the existence of a State. For this reason, the “State of Palestine” declared in November 1988 at the conference of Algiers was not legally regarded as a valid State since the Palestine Liberation Organization had have no control over any part of the territory it was claiming.
Territorial Sovereignty is the right of a State to exercise over its own territory, to the exclusion of any other States, the functions of a State. It has a positive and a negative aspect. The first aspect relates to the exclusivity of the right of the State with regard to its own territory, while the second aspect refers to the obligation to protect the rights of other States.
A State exercises its territorial sovereignty within its boundary. Boundary is an imaginary line that delineates the territorial limit of a State.
State jurisdiction is the capacity of a State under International Law to prescribe and enforce the rules of law.
It is derived from the State sovereignty and constitutes its vital and central feature. It is the authority of a State over persons, property and events which are primarily within its territories.
(IMPORTANT)
While the acquisition of territory through conquest followed by annexation was an accepted mode of acquiring title to territory under traditional International Law, it is no longer legal at modern times. The acquisition of territory through the use of force is outlawed by paragraph 4 of article 2 of the Charter of the United Nations, which obliged the member States to refrain from the use of force against the territorial integrity or political independence of any State. This same principle is reaffirmed in the 1970 General Assembly “Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations”. This Declaration adds that the territory of a State shall not be the object of acquisition by another State resulting from the threat or use of force, and that no territorial acquisition resulting from such act shall be recognized as legal.
Although today conquest is not a legal mode of acquiring title to territory, it does give the victor certain rights under International Law as regards the occupied territory, such as rights of belligerent occupation.
The territory remains the legal possession of the ousted sovereign because sovereignty does not pass by conquest to the occupying State, although it may pass in certain cases where the legal status of the territory occupied is in dispute prior to the conquest.
At present times, acquisition of territory following a war would require further international action in addition to internal legislation to annex. Such further international action would be either a treaty of cession by the former sovereign or international recognition.
Modern examples of annexation following conquest are Israel’s annexation of the Golan Heights and the East Jerusalem, and Iraq’s annexation of Kuwait in 1990. In case of the Iraqi annexation, the Security Council adopted the resolution 662 of 1990 declaring that this annexation “has no legal validity and is considered null and void”, and called upon all States not to recognize this annexation and to refrain from actions which might be interpreted as indirect recognition.
Corresponding the modes of acquiring territory, there are modes of losing it.
Territory may be lost by express declaration or conduct such as a treaty of cession or acceptance of cession, by conquest, by erosion or natural geographic activities, by prescription or by abandonment.
(COMMENT)
There are several aspects here that are important.
When the Jordanians broke all ties with the West Bank and holdings in Jerusalem, that was made public by an Sovereign decree. Israel did not fight (act of conquest) for this territory, it was abandon.
All nations, whether they make a published announcement or nt, recognize the sovereignty like action over all that which Israel controls. Even the EU recognizes the difference between Israel proper and those areas of industry and commerce that require such goods manufactured within the territory as special.
That is an undeniable ""indirect recognition." And once a "recognition" is made, it cannot be withdrawn.
Most Respectfully,
R