P F Tinmore
Diamond Member
- Dec 6, 2009
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P F Tinmore, et al,
Your citation actually works against you. For it is out of context.
(OBSERVATION)Indeed.
A dispute regarding the status of the territories was settled by an Arbitrator appointed by the Council of the League of Nations. It was decided that Palestine and Transjordan were newly created states according to the terms of the applicable post-war treaties.
State of Palestine - Wikipedia, the free encyclopedia
The "Wiki" entry you cite --- was cherry picked. You left out the part that says: "In its Judgment No. 5, The Mavrommatis Palestine Concessions, the Permanent Court of International Justice also decided that Palestine was responsible as the successor state for concessions granted by Ottoman authorities. The Courts of Palestine and Great Britain decided that title to the properties shown on the Ottoman Civil list had been ceded to the government of Palestine as an allied successor state.[42]"
Reference: File E. c. V. Docket VI. 2. Judgment No. 5 26 March 1925 The Mavrommatis Jerusalem Concessions - Greece v. Britain Judgment
Your claim is not valid or sound. It is a derivative interpretation of a Civil Contract dispute pertaining to contract concessions awarded, pre-mandate and post-mandate. The interpretation comes from:
Judgment #5 is specific to Jerusalem, and not the greater Mandate. While all five of the judgments are effected by political consequences, none of the judgments have an impact on the political questions relative to the Palestine Question.
- Marjorie M. Whiteman, Digest of International Law, vol. 1, U.S. State Department (Washington, DC: U.S. Government Printing Office, 1963) pp 650652
I have provided you the links in question, and also include the links to the dissenting opinions relative to the courts decisions and judgments. In the 1920's and 1930's. For contract law purposes, given the number and types of mandates floating about, it was not uncommon for the court to refer to the Mandatory as the government of the territory; example, Government of Palestine meaning the UK as the Mandatory. And, in fact you will see that the judgments are written in colonial style, and not post-colonial style, referring to the "Crown Agents for the Colonies on behalf of the High Commissioner for Palestine."
The nuance of "successor state" is mentioned exactly four (4) times in the judgment. It is mention in citation #70, relative Ottoman subject status; citation #93, that the successor States are placed under an obligation to maintain the concessions referred to in Article 9 of the Protocol; citation #113, the principles which were to govern the situation of successor States as regards concessions granted by the Ottoman authorities; and citation #121, where the successor State must readapt the concessions to the new economic conditions. In each case (open for you to examine), the successor state is none other than the Mandatory (UK); not the indigenous people you claim as Palestinians.
(COMMENT)
The attempt to use the ICJ Judgment #5 as a means to justify the existence of a state or nation called Palestine, in the context that that such a nation or state was in the hands of the indigenous population and had some measure of legality is ridiculous. Judgment #5 say that the successor government was the UK, and was obligated to make good the civil claims incurred by the Ottoman Empire for that territory.
We've discussed this before; several times.
I suggest you read a more objective view (mind you it is also an Arab view) from PediaView.com Open Source Encyclopedia - State of Palestine, which states in part:
State of Palestine said:Palestine, officially the State of Palestine (Arabic: دولة فلسطين* Dawlat Filasṭīn), is a de jure sovereign state[13][14] in the Levant that declared independence on 15 November 1988 by the Palestine Liberation Organization (PLO) and its government-in-exile in Algiers. In 2012, it was granted observer status by the United Nations (UN).[15] It claims sovereignty over the Palestinian territories,[16] and has designated Jerusalem as its capital.[ii][3][4] The areas claimed for the State of Palestine have been occupied by Israel since 1967 in the aftermath of the Six-Day War, with the Palestinian Authority exercising socio-political administration since 1993 in limited areas.[7]
The 1974 Arab League summit designated the PLO as the "sole legitimate representative of the Palestinian people" and reaffirmed "their right to establish an independent state of urgency."[17] The PLO held observer status at the United Nations as a "non-state entity" from 22 November 1974,[18][19] which entitled it to speak in the UN General Assembly but not to vote. After the Declaration of Independence, the UN General Assembly officially "acknowledged" the proclamation and voted to use the designation "Palestine" instead of "Palestine Liberation Organization" when referring to the Palestinian permanent observer.[20][21] In spite of this decision, the PLO did not participate at the UN in its capacity of the State of Palestine's government.[22]
But then there is a further explanation:
State succession said:A legal analysis by the International Court of Justice noted that the Covenant of the League of Nations had provisionally recognized the communities of Palestine as independent nations. The mandate simply marked a transitory period, with the aim and object of leading the mandated territory to become an independent self-governing State.[179] The Court said that specific guarantees regarding freedom of movement and access to the Holy Sites contained in the Treaty of Berlin (1878) had been preserved under the terms of the Palestine Mandate and a chapter of the United Nations Partition Plan for Palestine.[180] In a separate opinion, Judge Higgins argued that since United Nations Security Council Resolution 242 in 1967 to Resolution 1515 in 2003, the "key underlying requirements" have been that "Israel is entitled to exist, to be recognized, and to security, and that the Palestinian people are entitled to their territory, to exercise self-determination, and to have their own State", with resolution 1515 endorsing the Road map for peace proposed by the Middle East Quartet, as a means to achieve these obligations through negotiation.[181]
- Note: UN Map #3243 is directly attached to the UNSC Resolution 242.
Simply put, the Palestinian history, as a State, opens with its Declaration of Independence in November 1988, and not before; especially when it comes time to pay the bills, look and see who does it. In the Judgment #5, the Government of Palestine was the UK and they were obligated.
Most Respectfully,
R
In each case (open for you to examine), the successor state is none other than the Mandatory (UK); not the indigenous people you claim as Palestinians.
I think you are mistaken.
Britain had some responsibilities as the assigned, temporary administrator of Palestine but it was not the successor state. Palestine was a separate entity. It was never a part of Britain.