montelatici, et al,
Well, that is not accurate piece to the important part..
It is the Israelis that claim to have the absolute right to sovereignty over all the territory. Not only they claim to have the right, they exercise the right. So work with that fact.
(COMMENT)
In many conversations on this topic, the argument rests on "rights" and the question of "who has what rights." But in the actual practice of "Nation Building," it is a matter of the two qualities that are indispensable to
the idea of sovereignty are the elements of control and authority, which accompanies the any sovereign's supreme governing competences.
Israel is Israel because it exercises the elements of control and authority... NOT because it exercises some arguable rights. In practice, you know that Israel has control and authority when you walk to a border control check-point. Not because someone holds up a piece of paper.
"So" this is how I "work with that fact(s);" as you say. Ten key observations i the timeline:
Some Jewish People had expressed their cultural association to the territory from a historical perspective; and a preference to return the culture to that region.
The territories were relinquished to the Allied Powers.
The Allied Powers Recognized the historic connection of the Jewish Culture with the geographic area.
Once in control of the territories, the Allied Powers encouraged the Jewish People to immigrate.
The United Nations, having researched options for the General Assembly, adopted a concept plan and steps preparatory to independence; offering that option to the Jewish (and some Arab) people.
The Jewish people accepted (Arab people rejected) the offer.
While there had been a series of hostile events throughout the period three decades prior, a more intense period of conflict erupted between the Arab People and the Jewish People over the adoption of the concept plan for partitioning and the steps to independence adopted by the General Assembly.
The Jewish People exercised their right to self-determination; fulfilling the established steps preparatory to independence adopted by the General Assembly.
External influences in the form of Arab League forces, together with irregular Arab Palestinian forces lead by ex-Nazi's, attacked the newly declared State of Israel. This combined effort attempting to defy and neutralize the establishment of the Jewish State envisioned by the General Assembly concept, ended in the arrangement of UN brokered Armistice Agreements between Israel and the four adjacent nations of the Arab League.
Two of the four Armistice Agreements were replaced by formal peace treaties with Israel; establishing internationally recognized boundaries forming a border around four-fifths of the State of Israel.
In very broad brush strokes in a thumbnail view, that is how the
(as I see it) developed.
Up and until, the beginning of the 20th Century, the Treaty of Westphalia (1648) was the most stable framework on which a state was recognized as have evolved and formed. The concepts expressed in the Westphalia Law had incredible traction over time, and was reflected in the most powerful theories of
international law. But in the beginning of the 20th Century, the concepts of Westphalia were being challenged by the idea of subordination of sovereignty to the idea of international obligation in a greater international community. The first generation of the international community took the form of the League of Nations
(an unsuccessful false start) ultimately replaced by the United Nations.
Some people tend to believe that the concepts of "International Law" is a form of global super-law that subordinated the individual and national sovereign competence of each nation. They draw that phrase like it was some sort of superior light-saber.
The 20th Century does reset and amplify the changing character of sovereignty in the aftermath of the WWI and WWII. The implications of the expansion of International Treaties expanding law into areas previously restricted to domestic sovereign powers have been profound. Most notably is the effect the UN Charter (as treaty law) has had in the rethinking of sovereignty; and its influence on the boundaries of sovereignty in terms of international agreements regulating global spaces and resources. This has been the challenged faced by both the Arab Palestinian and the Jewish People. It even presses each nation to examine what it means to be a sovereign nation
(ie The Russian Federation), a client state
(ie Crimea), or a transitional territory demanding sovereignty
(ie Yemen, Palestine, South Sudan, Somalia, and even places like Syria and Afghanistan) , but unable to acquire it in the practical ways that were relevant at the time of the Treaty of Westphalia.
Most Respectfully,
R