P F Tinmore,
et al,
Ah, this is an internal domestic issue.
P F Tinmore,
et al,
There is a whole
Handbook on the Peaceful Settlement of Disputes between States.
(COMMENT)
Maybe. But the historical evidence is that the HoAP has never come to the table willingly.
Most Respectfully,
R
When the elected representatives of the people are not allowed at the table the process is a farce.
The primary imposed precondition is that the Palestinians must surrender and disarm. That should be a subject for negotiation.
(COMMENT)
This is about who is the legitimate government and who speaks for the people. And this too can go up for adjudication as a claim under "capacity" in the Rule of Law. This would be pursiant to a claim under Articles of the 1969 VIENNA CONVENTION ON THE LAW OF TREATIES Adopted in Vienna, Austria on 23 May 1969.
VIENNA CONVENTION ON THE LAW OF TREATIES said:
Article 7 Full Powers
1. A person is considered as representing a State for the purpose of adopting or authenticating the text of a treaty or for the purpose of expressing the consent of the State to be bound by a treaty if:
(a) he produces appropriate full powers; or
(b) it appears from the practice of the States concerned or from other circumstances that their intention was to consider that person as representing the State for such purposes and to dispense with full powers.
2. In virtue of their functions and without having to produce full powers, the following are considered as representing their State:
(a) Heads of State, Heads of Government and Ministers for Foreign Affairs, for the purpose of performing all acts relating to the conclusion of a treaty;
(b) heads of diplomatic missions, for the purpose of adopting the text of a treaty between the accrediting State and the State to which they are accredited;
(c) representatives accredited by States to an international conference or to an international organization or one of its organs, for the purpose of adopting the text of a treaty in that conference, organization or organ.
Article 8 Subsequent Confirmation of An Act Performed without Authorization
An act relating to the conclusion of a treaty performed by a person who cannot be considered under article 7 as authorized to represent a State for that purpose is without legal effect unless afterwards confirmed by that State.
But again, that is a matter that can be taken to the court at any time by HAMAS, or any party that is considered to have standing. That is an internal Palestinian matter that has gone unchallenged since Seventh Arab League Summit Conference
Resolution on Palestine --- Rabat, Morocco 28 October 1974, when the Puppet Masters declared: "Palestine Liberation Organization, the sole legitimate representative of the Palestinian people in any Palestinian territory that is liberated." And Mahmoud Abbas, also known as Abu Mazen, is the Chairman of the
Palestine Liberation Organization. Now I've heard many of the HoAP say that this is untrue. But they need to take it to court.
Otherwise, it is just so much hot air in the wind.
Most Respectfully,
R