P F Tinmore,
et al,
There is a problem with using
A/RES/3236 (XXIX) of 22 November 1974 imposition of the "inalienable rights" for the Palestinian in reference to the "right of return" (ROR). Any "inalienable right"
(not transferable to another or capable of being repudiated) does not apply to "descendants;" as discussed in
Posting #25. "Inalienable rights," as you might expect by now, are a form of "Natural Law."
Definition of Natural Law said:
The unwritten body of universal moral principles that underlie the ethical and legal norms by which human conduct is sometimes evaluated and governed. Natural law is often contrasted with positive law, which consists of the written rules and regulations enacted by government. The term natural law is derived from the Roman term jus naturale. Adherents to natural law philosophy are known as naturalists.
Naturalists believe that natural law principles are an inherent part of nature and exist regardless of whether government recognizes or enforces them. Naturalists further believe that governments must incorporate natural law principles into their legal systems before justice can be achieved. There are three schools of natural law theory: divine natural law, secular natural law, and historical natural law.
Divine natural law represents the system of principles believed to have been revealed or inspired by God or some other supreme and supernatural being. These divine principles are typically reflected by authoritative religious writings such as Scripture. Secular natural law represents the system of principles derived from the physical, biological, and behavioral laws of nature as perceived by the human intellect and elaborated through reason. Historical natural law represents the system of principles that has evolved over time through the slow accretion of custom, tradition, and experience. Each school of natural law influenced the Founding Fathers during the nascent years of U.S. law in the eighteenth century and continue to influence the decision-making process of state and federal courts today.
SOURCE: DEFINITION: Natural Law
Guided by the purposes and principles of the Charter,
Recalling its relevant resolutions which affirm the right of the Palestinian people to self-determination,
1. Reaffirms the inalienable rights of the Palestinian people in Palestine, including:
(a) The right to self-determination without external interference;
(b) The right to national independence and sovereignty;
2. Reaffirms also the inalienable right of the Palestinians to return to their homes and property from which they have been displaced and uprooted, and calls for their return;
A/RES/3236 (XXIX) of 22 November 1974
(COMMENT)
Inalienable right refers to rights that cannot be surrendered, sold or transferred to someone else, especially a natural right such as the right to own property; without consent - protected by natural law. Natural rights
(AKA: moral rights or inalienable rights) are rights people have that are not contingent upon the laws, customs, or beliefs on a particular society.
In the case of those persons whose normal place of residence was Palestine during the period 1 June 1946 to 15 May 1948
[AKA: Registered Palestine Refugees (RPR)], the Inalienable ROR applies only to those that were actually displaced
(one of the original 860,000 persons according to the UNRWA census). It does not multiply down the line of descendants. An original RPR can pass it to a descendant, but then the original RPR would no longer hold the ROR. Remembering that not all 860,000 RPR were landowners.
If I were a Palestinian, I would not rest my argument on
A/RES/3236 (XXIX) of 22 November 1974. I don't think it says what you might believe it says.
A Palestinian born in the West Bank, does not hold the natural ROR to Israel unless it was passed on by one of the original RPR.
Most Respectfully,
R