What gives the Arab Muslim Palestinian people the right to self-determination in "Palestine"?
Palestinians do not have the right to self determination in Palestine?
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Arab Moslems were from a nation called Palestine?
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The status of Palestine and the nationality of its inhabitants were finally settled by the Treaty of Lausanne from the perspective of public international law. In a report submitted to the League of Nations, the British government pointed out: “The ratification of the Treaty of Lausanne in Aug., 1924, finally regularised the international status of Palestine.”
123 And, thereafter, “Palestine could, at last, obtain a separate nationality.”
124
- 125 See William Molony, Nationality and the Peace Treaties (London: George Allen & Unwin Ltd., 1934).
- 126 See Paul C. Helmreich, From Paris to Sèvres: The Partition of the Ottoman Empire at the Peace Conf (...)
68Most of the post-World War I peace treaties embodied nationality provisions and the Treaty of Lausanne was no exception.
125 It addressed the nationality of the inhabitants in the territories detached from Turkey in Articles 30-6. These articles replaced, with certain modifications, Articles 123-31 of the draft Treaty of Sèvres of 1920.
126
69Drawing up the framework of nationality, Article 30 of the Treaty of Lausanne stated:
“Turkish subjects habitually resident in territory which in accordance with the provisions of the present Treaty is detached from Turkey will become ipso facto, in the conditions laid down by the local law, nationals of the State to which such territory is transferred.”
Article 30 is of a great significance. It constituted a declaration of existing international law and the standard practice of states. This was despite the absence of a definite international law rule of state succession under which the nationals of predecessor state could
ipso facto acquire the nationality of the successor.
129 “As a rule, however, States have conferred their nationality on the former nationals of the predecessor State.”
130 In practice, almost all peace treaties concluded between the Allies and other states at the end of World War I embodied nationality provisions similar to those of the Treaty of Lausanne. The inhabitants of Palestine, as the successors of this territory, henceforth acquired Palestinian nationality even if there was no treaty with Turkey.
131
- 129 See C. Fred Fraser, “Transfer of Sovereignty and Non-Recognition as Affecting Nationality,” Albert (...)
- 130 Weis, supra note 96, p. 149.
- 131 See O’Connell, supra note 102, Vol. II, pp. 529-36.