P F Tinmore, et al,
Yes, --- Without regard for your interpretation of what the CEIRPP DPR Study says (remembering that it is only a study), history actually shows us that the Arab Palestinian did not actually have sovereignty in either 1922, 1948, or 1967. It is even questionable if they had the "right to sovereignty," as the Westphalia Compact did not apply to situation such as the Mandate Territories.
(COMMENT)
While it is theoretically true that a people can have the "right to self-determination," which if successful --- could leaded to the conditions which would allow the "right of sovereignty," --- in the practical world ---- a non-self governing territory the people only have (if the situation permits) the potential for self-determination and sovereignty.
The CEIRPP DPR Study says: "violated the sovereignty of the people of Palestine." That assumes that the People of Palestine had self-government. In order to have sovereignty, you first have-to have a land to be sovereign over. In this case, in the Treaty of Lausanne [to which the Arab Palestinian (the People of Palestine) were not party] clearly stated:
ARTICLE I6
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.
Just as the Unconditional Surrender made through the Armistice of Mudros said:
ARTICLE 16
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.
As we've seen in the reality of history, looking back, the People of Palestine get nothing that the benevolent Allied Powers did not grant them. In 1975, by its Resolution
3376 the UN
General Assembly established the Committee on the Exercise of the Inalienable Rights of the Palestinian People (CEIRPP), which was the author of the Study of the same name: "The Origins and Evolution of the Palestine Problem: 1917-1988," published afterwards --- attempts to attach late 20th Century concepts to a problem set that emerged 45 years before the concept of self-determination legally became effective.
4 During World War I, the President of the United States Wilson championed the principle of self-determination as it became crystallized in the
Fourteen Points of Wilson (1918). Although this proposal formed the basis of the peace negotiations with the Central Powers, self-determination was subsequently far from fully realized in the Paris peace treaties. It was, however, reflected in a number of plebiscites held by the Allies in some disputed areas and it was one of the basic components of a series of treaties concluded under the auspices of the
League of Nations for the protection of minorities (see also
Minority Protection System between World War I and World War II). Finally, in
Art. 22 Covenant of the League of Nations, the
mandates system was devised as a compromise solution between the ideal of self-determination and the interests of the administrative powers.
However, self-determination as a general principle did not form part of the Covenant of the League of Nations and therefore was, for the duration of the League of Nations, a political rather than a legal concept. This was confirmed by the Council of the League of Nations and its expert advisors in the
Åland Islands dispute of 1920–21 even though, in the particular circumstances of the case,
autonomy rights were granted to the population concerned (
Report of the International Committee of Jurists Entrusted by the Council of the League of Nations with the Task of Giving an Advisory Opinion upon the Legal Aspects of the Ã…land Islands Question 5).
SOURCE: Self-Determination, by Daniel Thürer, Thomas Burri, Encyclopedia Entries Article last updated December 2008, Max Planck Encyclopedia of Public International Law [MPEPIL]
THE PRINCIPLE OF SELF-DETERMINATION AND THE RIGHTS OF PEOPLES.
Although the principle of self-determination of peoples plays an important part in modern political thought, especially since the Great War, it must be pointed out that there is no mention of it in the Covenant of the League of Nations. The recognition of this principle in a certain number of international treaties cannot be considered as sufficient to put it upon the same footing as a positive rule of the Law of Nations. SOURCE: League of Nations—Official Journal. October 1920
Since that time, the evolution of the principles to these right has transitioned from the abstract to the more concrete in the form of recognized as a right of all peoples in the first article common to the
International Covenant on Civil and Political Rights (ICCPR) which entered into force in 1976; provides:
Article 1 Paragraph 1:
All peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
AGAIN: You cannot
(as the International Committee of Jurists (ICJ) points out in the advisory opinion above) apply the contemporary Covenant of 1976 to a 1922 problem or that of a 1948 problem. "
However, self-determination as a general principle did not form part of the Covenant of the League of Nations and therefore was, for the duration of the League of Nations, a political rather than a legal concept."
Most Respectfully,
R