P F Tinmore,
et al,
You read so much into an isolated word.
Key word. The territory was held in trust on behalf of the people. Not the Mexican people. Not the Canadian people. Not the European people.
It was held in trust for the Palestinian people.
(OBSERVATION)
Series of League of Nations Publications VI.A. MANDATES 1945. VI.A. 1 said:
The nations upon which such
powers of guardianship are conferred exercise them "as Mandatories on behalf of the League". In other words, the administration of these territories is delegated to them. This involves an obligation on their part to render account of their administration to the League of Nations.
SOURCE: LoN/1945.VI.A.1 30 April 1945
(COMMENT)
In all "trusts" - there are "obligations." As is often paraphrased from the FDR speech for the Jefferson Day Dinner in 1945: "With Great Power comes Great Responsibility."
First, the Mandate was on behalf of the League of Nations, and NOT (repeat) NOT on behalf of the people of Palestine
(as defined in the Palestine Order in Council - meaning: territories to which the Mandate for Palestine applies, hereinafter described as Palestine.); or any other individual state.
Second, the obligation of the Mandatory is to the League of Nations:
Series of League of Nations Publications VI.A. MANDATES 1945. VI.A. 1 said:
The acceptance by a nation of this mission carries with it certain obligations and responsibilities established by law. Like guardians in civil law, they must exercise their authority in the interests of their wards -- that is to say, of the peoples which are regarded as minors -- and must maintain an entirely disinterested attitude in their dealings with them. The territories with the administration of which they are entrusted must not be exploited by them for their own profit.
There is no question in my mind - that at the end of the day - come the termination of the Mandate, that the inhabitants had reached a more advanced stage of development and their independence could, in principle, be recognized by the Covenant itself; and that there be the establishment of the Jewish national home in the interests of the Jewish population in Palestine and internationally --- all Jews willing to assist in the establishment of the Jewish national home.
There are a few points to be made here.
- The Mandatory (the UK in this case), is subordinate to the Covenant (the League of Nations), just the dame as an appointed Trustee is subordinate to the will of the Court in civil law. The Mandate itself is not written in stone, but pliable to the will of the Covenant.
- The obligation is to the Covenant, with the idea that the best interest of the people are looked after, yet not always what the indigenous population may want (parental oversight).
- You will notice that the Mandate speaks of "self-governing institutions" (plural). Meaning that more than one institution may be established.
- And finally, "self-governance" was never established geographically (except for Trans Jordan), nor was there a specification on how to establish a Jewish National Home. There was never an outline establish limiting the scope and nature of either how to affect a Jewish National Home or self-governing institutions. (That would not come until the Resolution of 1947.)
Of course, through the process - no one can argue successfully that the Arab indigenous population did not have a right to a self-governing institution. But the expanse, scope and nature of such was never defined until 1947.
Most Respectfully,
R