Challenger, et al,
Well, we are a little bit closer. I think it is a mutual dissatisfaction on both sides.
(COMMENT)
I'm not sure that "unwelcome intrusion" is the right term. BUT, clearly the Arab Palestinian did voice objections. A question --- and --- a point of contention is the is revolving around the valid of "another's domain."
Was the territory actually the "domain" of the Arab Palestinian? Or was the Arab Palestinian one fraction (sub-part) of the population that was a habitual resident? "
Who did the Ottoman Empire surrender to and relinquish control to in regards to the territory to which the Mandate was applied?
Armistice of Mudros: Article XVI
Surrender of all garrisons in Hedjaz, Assir, Yemen, Syria, and Mesopotamia to the nearest Allied Commander; and the withdrawal of troops from Cicilia, except those necessary to maintain order, as will be determined under Clause V.
Treaty of Sevres: Article 132
Outside her frontiers as fixed by the present Treaty Turkey hereby renounces in favour of the Principal Allied Powers all rights and title which she could claim on any ground over or concerning any territories outside Europe which are not otherwise disposed of by the present Treaty.
Turkey undertakes to recognise and conform to the measures which may be taken now or in the future by the Principal Allied Powers, in agreement where necessary with third Powers, in order to carry the above stipulation into effect.
Treaty of Lausanne, 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.
The Ottoman/Turkish Government, no matter which instrument of surrender you review, renounce all title over the territory and stipulated that the future of these territories would be determined by the Allied Powers (parties to the treaty). THUS, the Arabs had absolutely NO authority over the territory. Simply put --- it was not their "domain." By treaty, capitulation, grant, usage, sufferance and other lawful means, His Majesty has power and jurisdiction within Palestine (the territories to which the Mandate for Palestine applies).
His Majesty may, by a Commission under His Sign Manual and Signet, appoint a fit person to administer the Government of Palestine under the designation of High Commissioner and Commander-in-Chief or such other designation as His Majesty thinks fit, and the person so appointed is hereinafter referred to as the High Commissioner.
THUS: The Allied Powers agreed at the San Remo Conference (1920) that the Mandatory shall have full powers of legislation and of administration.
THEN, we can look at "unwelcome intrusion."
The Mandate and the High Commissioner, under the authority of the Allied Powers and the League Council,
facilitate Jewish immigration and the the acquisition of Palestinian citizenship.
THUS the duly appointed government over the territories to which the Mandate for Palestine applies, described as Palestine invited and encouraged immigration --- not the "unwelcome invasion.".
(COMMENT)
I agree, this is quite the controversial topic. Assuming a benevolent government, one might agree that the Sovereignty rests with the people. But that is not always true --- no have it been true. It does occur from time to time, but it is not the dominant means of securing sovereignty.
My Thumbnail Approach: (See Chapter 8 --- Sovereignty)
Political sovereignty
- The supreme power is in politics. Political power exists when the people exercised their right to vote. Political sovereignty is the electoral plus all other methods and influence that shape public opinion.
Legal sovereignty
- This is sovereignty in terms of law – refers to that person or body of persons, who according to the law, have the power to give final commands, Any disobedience to the law is followed or result in punishment.
Popular sovereignty
- It refers to the power of the people or masses. Rousseau (the state and the people were one). The people’s power is important to balance the power of the ruler.
Egypt has a government and a sovereignty over its territory; there is no question of this. But it is a very different government than that of China; or the US, Canada, Germany, the UK, and Switzerland. Even North Korea has a government with a sovereign nature. The Russian Federation, just expanded its sovereignty when it annexed Crimea by force. Some would say, that is illegal. None the less, it is a reality. And if no one enforces Article 2(4) of the Charter, then is it really International Law or a guideline?
The bottom line here is about whatever works and affords stability. But they are not all the same.
Most Respectfully,
R