P F Tinmore, et al
Sometimes you fall into trap.
First, I do not think I said the territory to which the Mandate applied was British Sovereign Territory. I said it was under the effective control of the Allied Powers.
P F TINMORE said:
RoccoR said:
- After the Great War, the Allied Powers assume all title and rights to the undefined territories of the Mandate for Palestine was under the effective control of the Allied Powers (not the Palestinians).
- Palestine was never a sovereign part of British territory. Britain merely held Palestine in trust while assisting the Palestinians to independence.
(COMMENT)
I don’t see the word “sovereign” at all. The important points here are clearly stated:
• No Arab Palestinian or Arab League entities hade any title rights or control to the territories of the Mandate for Palestine; not in the beginning, not during the term of the Mandate, and not afterwards until the Jordanian annexation under the Arab Palestinian right to self determination; the Egyptian Military Governorship (both ending in transitioned between 1967 and 1988), and (possibly) 1988.
According to the theory of popular sovereignty (the dominant theory of contemporary international law) the people are the sovereigns inside a defined territory. Governments and states are only sovereign as extensions of popular sovereignty. The Palestinians, being the legal inhabitants and citizens of the defined territory of Palestine, are the sovereigns of that territory.
P F TINMORE said:
Effective control is descriptive of occupation not sovereignty.
(COMMENT)
The terminology “effective control” is NOT unique to the creation of an Occupation. This principle of “effective control” can also be used to underscores the notion that a sovereign state has the authority to act independently over its own territory to the exclusion of other states. This is directly connected to the Montevideo Convention in the expression “defined territory” as one of the key components to a “state.”
Indeed, and Israel has never had a defined territory.
The question you have to ask yourself on the issue of whether the Palestinians actually have a “state” is:
• Does the present day Government of Palestine have the ability to intentional display power and authority over the territory it claims to govern, by the exercise of jurisdiction and state functions, on a continuous and peaceful basis?
Here again, let's go back to Montevideo.
ARTICLE 4
States are juridically equal, enjoy the same rights, and have equal capacity in their exercise. The rights of each one do not depend upon the power which it possesses to assure its exercise, but upon the simple fact of its existence as a person under international law.
• The Arab Palestinians, especially when they claim they have been denied their “inalienable rights,” means they have lost their “totality of international rights and duties recognized by international law; which is “sovereignty.”
Link?
These are key elements necessary to establish a valid title to sovereignty.
If the answer to that question is “NO,” as you allude to or imply --- when you say complain that the Mandatory and then the emergence of Israeli, the annexation of the West Bank and the Military Governance over Gaza, prevented the Arab Palestinian from development ---- THEN unless we change the treaties that were signed in 1648 in Westphalia at the end of the 30 Year War, and the and the body judicial law since that time.
Oddly enough, the most convincing evidence that the Arab Palestinians have some claim the territories occupied since 1967, comes from Israel itself; and not anything the Arab Palestinians did to establish a working government. Israel, as the Regional Power --- does NOT disputed the Arab Palestinians claim to sovereignty over much of the territories occupied since 1967. Israel, with minor exceptions,
P F TINMORE said:
After 30 years of blocking independence, Britain left Palestine a complete failure.
(COMMENT)
This again, implies (30 years of blocking independence) a lack of an ability to exercise of jurisdiction and state functions, on a continuous and peaceful basis. The Arab Palestinians cannot even hammer-out a framework by which the “Unity Government” works and who, if any entity, succeeded the PLO as the sole representative.
Most Respectfully,
R
So why didn't the arab muslims claim independence in 1920 when they first had that chance ? My bad they did and it was called trans Jordan. It was the Jews that were stopped from claiming independence and free determination by the arab muslims until 1948 when the British left before facing charges of crimes against humanity and genocide.
WRONG as it was defined in 1923 by the LoN
See here
Delineating the final geographical area of Palestine designated for the Jewish National Home on September 16, 1922, as described by the Mandatory:
11
PALESTINE
INTRODUCTORY.
POSITION, ETC.
Palestine lies on the western edge of the continent of Asia between Latitude 30º N. and 33º N., Longitude 34º 30’ E. and 35º 30’ E.
On the North it is bounded by the French Mandated Territories of Syria and Lebanon, on the East by Syria and Trans-Jordan, on the South-west by the Egyptian province of Sinai, on the South-east by the Gulf of Aqaba and on the West by the Mediterranean. The frontier with Syria was laid down by the Anglo-French Convention of the 23rd December, 1920, and its delimitation was ratified in 1923. Briefly stated, the boundaries are as follows: -
North. – From Ras en Naqura on the Mediterranean eastwards to a point west of Qadas, thence in a northerly direction to Metulla, thence east to a point west of Banias.
East. – From Banias in a southerly direction east of Lake Hula to Jisr Banat Ya’pub, thence along a line east of the Jordan and the Lake of Tiberias and on to El Hamme station on the Samakh-Deraa railway line, thence along the centre of the river Yarmuq to its confluence with the Jordan, thence along the centres of the Jordan, the Dead Sea and the Wadi Araba to a point on the Gulf of Aqaba two miles west of the town of Aqaba, thence along the shore of the Gulf of Aqaba to Ras Jaba.
South. – From Ras Jaba in a generally north-westerly direction to the junction of the Neki-Aqaba and Gaza-Aqaba Roads, thence to a point west-north-west of Ain Maghara and thence to a point on the Mediterranean coast north-west of Rafa.
West. – The Mediterranean Sea.
Why do you leave out the " existence as a person under international law." is it because the international laws of the time disagree with your interpretation of the rights allowed at that time. And also because it supports Israel position and not the arab muslims, as shown by your heavy manipulation of the content of your source evidence.