Jeese, Rocco, you pretend to be the expert. You should know this stuff.P F Tinmore, et al,
What was denied them?
(QUESTIONS)The bottom line is that Palestinians have everything except that which has been denied to them by illegal external interference.P F Tinmore, et al,
This is my point exactly.
(COMMENT)You are leaving out a few points.
A state exists separate from recognition by other states.
A state does not cease to exist while occupied.
People in non self governing territories have the inalienable right:
To self determination without external interference.
To independence and sovereignty.
To territorial integrity.
BTW, what is a "legal entity?"
Point #1: A state exists separate from recognition by other states.
What does this mean? It means nothing if it is not recognized. It sounds great, but to be a "State" --- it must have some "capacity." There is no one international document that expresses the meaning of a "state" in its total form. The two most commonly accepted meanings are expressed in:
Article 1: Convention on Rights and Duties of States (inter-American); December 26, 1933; (AKA: Montevideo Convention)Together, these legal frameworks are not contradictory. In effect they both agree that a characteristic of a "state" is a government with the capacity to enter into relations with other states." (I use the Montevideo Convention language because it is simpler - yet not all encompassing.) It makes the point that in order for a Palestinian State to exist, the Palestinians needed to have this capacity. And just as clearly, this capacity did not exist for the Palestinians until after 1988.
The state as a person of international law should possess the following qualifications:Excerpt --- Opinion No. 1 of the Arbitration Committee, Badinter Arbitration Committee 3EJIL(1992)178
a ) a permanent population;
b ) a defined territory;
c ) government; and
d) capacity to enter into relations with the other states.
1) The Committee considers:
a) that the answer to the question should be based on the principles of public international law which serve to define the conditions on which an entity constitutes a state; that in this respect, the existence or disappearance of the state is a question of fact; that the effects of recognition by other states are purely declaratory;
b) that the state is commonly defined as a community which consists of a territory and a population subject to an organized political authority; that such a state is characterized by sovereignty;
c) that, for the purpose of applying these criteria, the form of internal political organization and the constitutional provisions are mere facts, although it is necessary to take them into consideration in order to determine the Government's way over the population and the territory;
d) that in the case of a federal-type state, which embraces communities that possess a degree of autonomy and, moreover, participate in the exercise of political power within the framework of institutions common to the Federation, the existence of the state implies that the federal organs represent the components of the Federation and wield effective power;
Point #2: A state does not cease to exist while occupied.
This is actually a faulty assumption, improperly stated - and over simplified. The contemporary states of Iraq, Jordan, Lebanon, and Syria --- non-existent before WWI, all "occupied" by the Allied Powers during (and after) the War, and subsequently surrendered at the conclusion of hostilities and while "occupied" --- were partitioned and placed under Mandate and later given independence. This is an evolutionary process in the change from one sovereignty to another. In modern times this is sometimes referred to as the "transition to a successor state."
Excerpt --- Opinion No. 1 of the Arbitration Committee, Badinter Arbitration Committee 3EJIL(1992)178The territories to which the Mandate for Palestine applied, hereinafter described as Palestine, was a "dependent territory" during the entire tenure of the Mandate and the successor Trusteeship. It was never a "state" that have a government which had the capacities under customary international laws to act as a state.
e) that, in compliance with the accepted definition in international law, the expression 'state succession' means the replacement of one state by another in the responsibility for the international relations of territory. This occurs whenever there is a change in the territory of the state. The phenomenon of state succession is governed by the principles of international law, from which the Vienna Conventions of 23 August 1978 and 8 April 1983 have drawn inspiration. In compliance with these principles, the outcome of succession should be equitable, the states concerned being free of terms of settlement and conditions by agreement. Moreover, the peremptory norms of general international law and, in particular, respect for the fundamental rights of the individual and the rights of peoples and minorities, are binding on all the parties to the succession.Excerpt --- Vienna Convention on Succession of States in respect of State Property, Archives and Debts Done at Vienna on 8 April 1983 --- Article 2 --- Use of terms:
1.For the purposes of the present Convention:
(a) “succession of States” means the replacement of one State by another in the responsibility for the international relations of territory;
(b) “predecessor State” means the State which has been replaced by another State on the occurrence of a succession of States;
(c) “successor State” means the State which has replaced another State on the occurrence of a succession of States;
(d) “date of the succession of States” means the date upon which the successor State replaced the predecessor State in the responsibility for the international relations of the territory to which the succession of States relates;
(e) “newly independent State” means a successor State the territory of which, immediately before the date of the succession of States, was a dependent territory for the international relations of which the predecessor State was responsible;
(f) “third State” means any State other than the predecessor State or the successor State.
Under the terms of the Mandate for Palestine (Article 12), the Mandatory was entrusted with the control of the foreign relations of Palestine and the right to issue exequaturs to consuls appointed by foreign Powers. The Mandatory was entitled to afford diplomatic and consular protection to citizens of Palestine when outside its territorial limit. Under the terms of the Mandate for Palestine (Article 9), the Mandatory was responsible for seeing that the judicial system established in Palestine shall assure to foreigners, as well as to natives, a complete guarantee of their rights. Under the terms of the Mandate for Palestine (Article 1), the Mandatory shall have full powers of legislation and of administration, save as they may be limited by the terms of this mandate.
Point #3: People in non self governing territories have the inalienable right:
The Customary understanding of A/RES/3236 (XXIX) 22 November 1974 relative to the Reaffirmation of the inalienable rights of the Palestinian people in Palestine, does not actually grant anything tangible. Being acknowledged as having a "right" that can not be forfeited (not able to be surrendered, or transferred to another), it not the same as actually taking a step towards exercising the right. I have an "inalienable right" to "Life, Liberty and the pursuit of Happiness," --- that does not mean that it must be handed to me; I must work for them. Just the same as the Palestinians must work for:
(a) The right to self-determination without external interference; and
(b) The right to national independence and sovereignty;
Point #4: "BTW, what is a "legal entity?" ----
What is LEGAL ENTITY?
A lawful or legally standing association, corporation, partnership, proprietorship, trust, or individual. Has legal capacity to (1) enter into agreements or contracts, (2) assume obligations, (3) incur and pay debts, (4) sue and be sued in its own right, and (5) to be accountable for illegal activities.
Law Dictionary: What is LEGAL ENTITY? definition of LEGAL ENTITY (Black's Law Dictionary)
Most Respectfully,
R
Denying rights do not negate those rights.
- What was denied?
- What external influence denied it?
Most Respectfully,
R
Nice duck.
BTW, YOU are the one who always pretends to be the expert, yet you're wrong 98% of the time.
