P F Tinmore, et al,
Again, your notions are not quite accurate. You are trying to applied contemporary understanding to 1924 position. May I suggest that you look at the broader picture. Nothing in the Treaty of Lausanne contradicts or alters the understanding in the Treaty of Sevres (1920). If anything, the expanded concessions further benefit the Allied Powers.
P F Tinmore, et al,
Now we are getting closer.
Of course this discussion is merely academic. No matter who owns it, it is still Palestinian Land.
Jews own land in the US and it is still US land.
(COMMENT)
In the greater sense, I agree. Ownership is not sovereignty. When did it become sovereign to the Arab Palestinian?
They did not get it from the Ottomans.
Most Respectfully,
R
From what I can tell they got the "right" to sovereignty when they were released from Ottoman rule in 1924. Due to illegal external interference, they have never been able to exercise their rights.
(COMMENT)
First, the Middle Eastern territory was NOT "released from Ottoman rule in 1924." That is just when the replacement Treaty (written by the Allied Powers) was with Turkey (the successor government to the Ottoman Empire. As I've said many time before, the Ottoman relinquished their control in the Armistice of 1918.
The
Armistice of Mudros, which was concluded on October 30, 1918, ended the hostilities in the Middle Eastern theatre of war between the Ottoman Empire and the Allies. It was signed by Rauf Bey, the Ottoman Minister of Marine, and the British Admiral Somerset Arthur Gough-Calthorpe, on board Agamemnon in Mudros harbor on the Aegean island of Lemnos. The armistice was followed with occupation of Istanbul, the subsequent partitioning of the Ottoman Empire, and the Treaty of Sèvres, although the latter was never ratified due to the Turkish victory at the War of Liberation.
"Under the terms of the armistice, the
Ottomans surrendered their remaining garrisons in Hejaz, Yemen, Syria, Mesopotamia, Tripolitania, and Cyrenaica; the Allies were to occupy the Straits of the
Dardanelles and the
Bosporus, Batum (now in southwest Georgia), and the Taurus tunnel system; and the Allies won the right to occupy “in case of disorder” the six Armenian provinces in
Anatolia and to seize “any strategic points” in case of a threat to Allied security."
5. Immediate demobilisation of the Turkish Army except for such troops as are required for surveillance of frontiers and for the maintenance of internal order (number of effectives and their disposition to be determined later by the Allies after consultation with the Turkish Government).
16. Surrender of all garrisons in Hejaz, Assir, Yemen, Syria, and Mesopotamia to the nearest Allied commander; and the withdrawal of troops from Cilicia, except those necessary to maintain order, as will be determined under Clause 5.
The Idea of "illegal external interference" had not yet become an internationally recognized political concept (General Assembly Resolution 50/172 --- Respect for the principles of national sovereignty and non-interference in the internal affairs of States in their electoral processes.
State sovereignty
The notion concept of sovereignty refers to the three-fold capacity of a state, which is the "absolute supremacy over internal affairs within its territory, absolute right to govern its people, and freedom from any external interference in the above matters" (Wang, 2004: 473). So a state is sovereign if it has the ability to make and implement laws within its territory, and can function without any external power and assistance, and doesn't acknowledges any higher authority above itself in the world of independent states. From the above definition one can draw the conclusion that either a state can be sovereign or not, since sovereignty is defined as the absolute supremacy and right of the government in a given state.
Find out more from UK Essays here:
The End Of The State Sovereignty Politics Essay
The replacement to the Treaty of Sevres (1920) with the Ottomans --- being the
Treaty of Lausanne (1924) with the Turks --- is some what tricky in terms of absolute law. Articles 38 through 44 (Section III --- Protection of Minorities) is where Turkey undertakes that the stipulations (Article 37) contained in Articles 38 to 44 shall be recognised as fundamental laws, and that no law, no regulation, nor official action shall conflict or interfere with these stipulations, nor shall any law, regulation, nor official action prevail over them. With the exception of Article 37, nothing in the totality of the remainder even remotely deals with the political concept of external interference.
ARTICLE 38.
The Turkish Government undertakes to assure full and complete protection of life and liberty to ali inhabitants of Turkey without distinction of birth, nationality, language, race or religion.
All inhabitants of Turkey shall be entitled to free exercise, whether in public or private, of any creed, religion or belief, the observance of which shall not be incompatible with public order and good morals.
Non-Moslem minorities will enjoy full freedom of movement and of emigration, subject to the measures applied, on the whole or on part of the territory, to all Turkish nationals, and which may be taken by the Turkish Government for national defence, or for the maintenance of public order.
ARTICLE 39.
Turkish nationals belonging to non-Moslem minorities will enjoy the same civil and political rights as Moslems.
All the inhabitants of Turkey, without distinction of religion, shall be equal before the law.
Differences of religion, creed or confession shall not prejudice any Turkish national in matters relating to the enjoyment of civil or political rights, as, for instance, admission to public employments, functions and honours, or the exercise of professions and industries.
No restrictions shall be imposed on the free use by any Turkish national of any language in private intercourse, in commerce, religion, in the press, or in publications of any kind or at public meetings.
Notwithstanding the existence of the official language, adequate facilities shall be given to Turkish nationals of non-Turkish speech for the oral use of their own language before the Courts.
ARTICLE 40.
Turkish nationals belonging to non-Moslem minorities shall enjoy the same treatment and security in law and in fact as other Turkish nationals. In particular, they shall have an equal right to establish, manage and control at their own expense, any charitable, religious and social institutions, any schools and other establishments for instruction and education, with the right to use their own language and to exercise their own religion freely therein.
ARTICLE 41.
As regards public instruction, the Turkish Government will grant in those towns and districts, where a considerable proportion of non-Moslem nationals are resident, adequate facilities for ensuring that in the primary schools the instruction shall be given to the children of such Turkish nationals through the medium of their own language. This provision will not prevent the Turkish Government from making the teaching of the Turkish language obligatory in the said schools.
In towns and districts where there is a considerable proportion of Turkish nationals belonging to non-Moslem minorities, these minorities shall be assured an equitable share in the enjoyment and application of the sums which may be provided out of public funds under the State, municipal or other budgets for educational, religious, or charitable purposes.
The sums in question shall be paid to the qualified representatives of the establishments and institutions concerned.
ARTICLE 42.
The Turkish Government undertakes to take, as regards non-Moslem minorities, in so far as concerns their family law or personal status, measures permitting the settlement of these questions in accordance with the customs of those minorities.
These measures will be elaborated by special Commissions composed of representatives of the Turkish Government and of representatives of each of the minorities concerned in equal number. In case of divergence, the Turkish Government and the Council of the League of Nations will appoint in agreement an umpire chosen from amongst European lawyers.
The Turkish Government undertakes to grant full protection to the churches, synagogues, cemeteries, and other religious establishments of the above-mentioned minorities. All facilities and authorisation will be granted to the pious foundations, and to the religious and charitable institutions of the said minorities at present existing in Turkey, and the Turkish Government will not refuse, for the formation of new religious and charitable institu- tions, any of the necessary facilities which are guaranteed to other private institutions of that nature.
ARTICLE 43.
Turkish nationals belonging to non-Moslem minorities shall not be compelled to perform any act which constitutes a violation of their faith or religious observances, and shall not be placed under any disability by reason of their refusal to attend Courts of Law or to perform any legal business on their weekly day of rest.
This provision, however, shall not exempt such Turkish nationals from such obligations as shall be imposed upon all other Turkish nationals for the preservation of public order.
ARTICLE 44.
Turkey agrees that, in so far as the preceding Articles of this Section affect non-Moslem nationals of Turkey, these provisions constitute obligations of international concern and shall be placed under the guarantee of the League of Nations. They shall not be modified without the assent of the majority of the Council of the League of Nations. The British Empire, France, Italy and Japan hereby agree not to withhold their assent to any modification in these Articles which is in due form assented to by a majority of the Council of the League of Nations.
Turkey agrees that any Member of the Council of the League of Nations shall have the right to bring to the attention of the Council any infraction or danger of infraction of any of these obligations, and that the Council may thereupon take such action and give such directions as it may deem proper and effective in the circumstances.
Turkey further agrees that any difference of opinion as to questions of law or of fact arising out of these Articles between the Turkish Government and any one of the other Signatory Powers or any other Power, a member of the Council of the League of Nations, shall be held to be a dispute of an international character under Article 14 of the Covenant of the League of Nations. The Turkish Government hereby consents that any such dispute shall, if the other party thereto demands, be referred to the Permanent Court of International Justice. The decision of the Permanent Court shall be final and shall have the same force and effect as an award under Article 13 of the Covenant.
Key in this set of Articles is the
protection of Minorities (particularly "non-Muslim). In reading Article 44, you will note that the majority of the Council of the League of Nations plays a very specific roll. But these minority protection Articles were unique in there time. The Treaty makes the general understanding clear:
ARTICLE 16.
Turkey hereby renounces all rights and title whatsoever over or respecting the territories situated outside the frontiers laid down in the present Treaty and the islands other than those over which her sovereignty is recognised by the said Treaty, the future of these territories and islands being settled or to be settled by the parties concerned.
The provisions of the present Article do not prejudice any special arrangements arising from neighbourly relations which have been or may be concluded between Turkey and any limitrophe countries.
Nothing in the Treaty sets the tone for the
"right" to sovereignty as you suggest; the sovereignty went as indicated with none to the indigenous population of the Middle East. The Ottomans relinquished the sovereignty to the Allied Power in 1918 and the Turks relinquished their control in Article 16, as delimited by Article 37
(invoking as Law Articles 38 through 44).
Most Respectfully,
R