Kletter claimed that he was still a U.S. national. He argued that Pal-Rocco, it is truly arduous trying to read your posts. It is like trying to dribble a football. You bounce around all over the place.Boston1, et al,
Well, this has been a "minor question" (both legal and political) for more than a century. And in determining the solution to this geopolitical issue, is how it comes to be applicable to the Arab-Israeli Conflict.
• See: Sovereignty: two Competing Theories of State Recognition – William Worster
It is not as clear, cut'n'dry as many would have you believe.
(SUB QUESTION: Would there be a state ?)I think the OP must mean either pictures from Gaza, Jordan or Israel, because there is no palestine.
Its as if I declared a state smack in the middle of Canada somewhere and managed to fool some percentage of people into recognizing it, but Canada didn't.
Would there be a state ?
A state must control its own borders, for that matter have borders. This imaginary palestine doesn't. No borders, no state. No functional government, no state. No effective control of any given land area, no state.
Only Gaza Israel and Jordan qualifies as a state within the mandated area under any measure of the term. Ergo the OP must be mistaken ;--)
Given no further information, what you described is called the Acquisition of Sovereignty by "(4) Cession: When a state transfers its territory to another state, acquisition by cession takes place in favour of such later state. The cession of territory maybe voluntary or maybe under compulsion as a result of war. The act of cession maybe even in the nature of a gift, sale, exchange or lease. Cession is the transfer of territory usually by treaty from one state to another. e.g France cession of Louisiana to U.S in 1803."
However, usually, the parent sovereignty of the territory (in your example case Canada) would use force (paramilitary and police) to reestablish law and order under the supreme law in Canada, The Constitution.
(COMMENT)
The 1933 Convention on Rights and Duties of States (AKA: The Montevideo Convention) very specifically states that: "The political existence of the state is independent of recognition by the other states." This is an example of Declarative Sovereignty. This is much like saying: I am independent and sovereign, therefore I am independent and sovereign. This has not happened much in history; there is usually some blood spilt over territorial control.
In point of fact, political science merely uses these to theories to describe the Acquisition of Sovereignty; but neither theory of recognition satisfactorily describes contemporary and present day practice. Just saying I am a state, does not confer the reality of being a state. The "All Palestine Government" said it was a state, and defined its permanent population, territory, and nature of the provisional government. BUT it never attained the capacity to enter into relations with the other states simply because it was not recognized. That was the significance of Mahmoud Abbas signing treaties, to demonstrate its ability to enter into relations with other states. There is a serious question as to whether the November 1988 State of Palestine ever achieved real independence or ever became sovereign. Many people believe that in reality, the State of Palestine is illusionary; that the Government of Mahmoud Abbas is actually a dysfunctional de jure (legitimate or lawful); but is not what it actual implies --- legally elected, and so recognized by other states. In fact, some Palestinians themselves argue that the Ramallah Government and President Mahmoud Abbas does not represent the legally elected government. And thus, if true, then the treaties signed by him are not really valid. But, whether or not Ramallah Government and President Mahmoud Abbas is actually the de jure government --- is NOT the question posed internationally. Mahmoud Abbas is recognized as the President of the Quasi-Republic for the State of Palestine. There is no one we can point to that holds the real reigns of power and control as the de facto power. Central to the theme of the "Declarative View" comes the idea that the failure to maintain effective control over territory does not extinguish the legal entity. Thus, just because HAMAS was never in effective control of the 1988 State of Palestine after the 2006 Elections, does not mean that HAMAS is not the real government. The answer is still ambiguous.
What impact does the answer have?
• Which government is recognized as the de jure Government of the State of Palestine?
Most Respectfully,
R
You did, however, post some things that confirm my position that Palestine is a state. How the principles of the cession of states were applied by the Treaty of Lausanne and the Palestinian citizenship order of 1925. And let's not forget that the US recognized Palestine as a state in 1932.
Then there is: Central to the theme of the "Declarative View" comes the idea that the failure to maintain effective control over territory does not extinguish the legal entity.
LOL so explain to us again how the US recognized palestine as a state in 1932 ?
This aught to be good ;--)
estine was not a state, and therefore that his 1935 naturalization there
was invalid. The U.S. district court disagreed. It said that Kletter’s natu-
ralization in Palestine was valid, thus he was no longer a U.S. national:
“[N]aturalization in any foreign state . . . constitutes expatriation. The
contention of the plaintiff that Palestine, while under the League of Na-
tions mandate, was not a foreign state within the meaning of the statute
is wholly without merit.”
83
In support, the court said that the United
States in 1932 had taken the position that Palestine was a state: “This the
Executive branch of the Government did in 1932,” the court explained,
“with respect to the operation of the most favored nations provision in
treaties of commerce.”
84
The court found a reference to the 1932 episode in the State De-
partment’s digest of international law, where it is mentioned as
indicating that the United States considered that Palestine was a state.
85
http://www.mjilonline.org/wordpress/wp-content/uploads/2012/06/v32n4-quigley.pdf
And the end of each assertation are the words
None of these three points is valid.
He falls into the trap as you by relying on flawed evidence. Any state/nation of the last 200 years has had a currency, a capital city, a government figurehead and a border control. Show just one of these for the state of Palestine prior to 1988, and not your usual British Palestine offerings
Or even after 1988, its a sham all the way. There is no state of palestine. We have Gaza, Israel and Jordan. The three state solution