P F Tinmore
Diamond Member
- Dec 6, 2009
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Keep dancing, Rocco.P F Tinmore, et al,
And there it one of them. One of several key issues with the Palestinians.
(EXHIBIT)Just as most countries of the world, Israel establishes and defends it territory and extends its sovereign control over it.
Where, exactly, is that territory and how did Israel acquire it?
View attachment 50186(COMMENT)
EXEMPLAR: The Israeli Security Barrier
"The Israeli government says the purpose of the security barrier is to prevent
terrorists from entering Israeli cities, a problem which has plagued Israel since the start of the Al-Aqsa Intifada.
Its secondary purpose is to prevent illegal infiltrations of Palestinians, mainly illegal immigrants and car thieves.
Political commentators have suggested a wide variety of other explanations.
Only small parts of the fence are made of concrete wall - 8 miles around Qalqiliya and around
Jerusalem - where shooting attacks toward Israelis have occured."
Often confused, is the difference between "recognition" of a state and the "border" of a state. Recognition is a political action that declares a state of being:
The limit of that existence is called the border or International Boundary.
- The State of Israel exists
- The State of Palestine exists
There is a formal legal process by which the Israelis and Palestinians MUST eventually traverse wherein the two sovereign nations establish in writing the location of their common boundary. This is called the "Delimitations Process." Most often it is the outcome of a negotiation. Examples are:
Article II (and associated Annexes), Treaty of Peace between the Arab Republic of Egypt and the State of Israel, 26 March 1979: The permanent boundary between Egypt and Israel is the recognized international boundary between Egypt and the former mandated territory of Palestine.
Article 3 (and associated Annexes), Treaty of Peace between the Government of the State of Israel and the Government of the Hashemite Kingdom of Jordan, 26 October 1994: The international boundary between Israel and Jordan is delimited with reference to the boundary definition under the Mandate as is shown in Annex I(a), on the mapping materials attached thereto and co-ordinates specified therein. (Joint Boundary Commission involved)
There are TWO very interest things in common with these two treaties relative to the recognition of international boundaries:
First, is that they both use the boundary of the territory to which the former Mandate for Palestine applied.
Second, they both make note that the agreement was undertaken without prejudice to the issue of the status either the Gaza Strip (in the case of the treaty with Egypt) or the West Bank (in the case of the treaty with Jordan). It was pretty clear that neither Egypt or Jordan wanted the Treaty seen as an admission that could be used against the Arab Palestinians in future with any determinative legal effect. They wanted to protect the development of self-government in these two areas from any adverse consequence. In deed, in 1988, the PLO declared independence.
But the greatest and most definitive evidence of a sovereign state border (all paper aside) is the effective control over territorial space (or a defined territory) is usually a prerequisite. Article I of the 1933 Montevideo Convention on Rights and Duties of States identifies a "defined territory." There is no more a definitive example of a border (effective control) then the exemplar (supra).
ARTICLE 3
The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit, to legislate upon its interests, administer its services, and to define the jurisdiction and competence of its courts.
The exercise of these rights has no other limitation than the exercise of the rights of other states according to international law.
The State of Israel does not actually need recognition from the Hostile Arab Palestinians. Within the territory defined, it defends the boundary and exercises effective control within that boundary.
Most Respectfully,
R



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