montelatici
Gold Member
- Feb 5, 2014
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This may be 1999 but the legal concepts are a hundred years old. They are attempting to define and refine old principles. So don't try to imply that these are new ideas.P F Tinmore, et al,
(COMMENT)Indeed, but Israeli propagandists are always bringing the lack of land ownership of the Palestinians as proof that they have no rights.(COMMENT)
Establishing ownership via private and civil real estate processes are altogether different from establishing sovereignty through the right of self-determination.
My point has always been that the rights belong to the habitual residents.
BTW, have you checked out my link yet?
UNHCR - Draft Articles on Nationality of Natural Persons in relation to the Succession of States with commentaries 1999
Article 4. Prevention of statelessness
States concerned shall take all appropriate meas-
ures to prevent persons who, on the date of the succes-
sion of States, had the nationality of the predecessor
State from becoming stateless as a result of such
succession.
You will notice that the first word in the title is "DRAFT." This DRAFT is over a decade old --- very old and unlikely to achieve adoption any time in the near future. It has no veracity or standing in this issue. It is simply one of many law concepts that was suggested and not accepted. But more importantly, even if this was a law ---- made law in 1999, a decade after the State of Palestine Independence; 3 decades after the Six-Day War; a half century after the Israeli War of Independence and the adoption of the Partition Plan; and 8 decades after the Allied Powers at San Remo decided to reconstitute the Jewish National Home. (It is still not law; because the DRAFT doesn't adequately reflect how it works in the real-world; at least not yet.)
Most Respectfully,
R
In international law, when a state is dissolved and new states are established, “the population follows the change of sovereignty in matters of nationality.”5 As a rule, therefore, citizens of the former state should automatically acquire the nationality of the successor state in which they had already been residing.
Nationality constitutes a legal bond that connects individuals with a specific territory, making them citizens of that territory.
Drawing up the framework of nationality, Article 30 of the Treaty of Lausanne stated:
“Turkish subjects habitually resident in territory which in accordance with the provisions of the present Treaty is detached from Turkey will become ipso facto, in the conditions laid down by the local law, nationals of the State to which such territory is transferred.”
The Palestinians are stateless due to politics not law. Or, I would say, due to the violation of law.
What violation of law was that? Resisting colonization? Is there a law to that effect?