P F Tinmore, et al,
You keep making these little mistakes.
- First, your mistake to make a distinction between a Regional Protocol and a Law.
- Second, you did not read my entire rebuttal as to reasonable applicability.
The "Declaration on the Consequences of State Succession for Nationality of Natural Persons" as adopted by the European Commission for Democracy through Law at its 28th Plenary Meeting, Venice, 13-14 September 1996, is NOT international law applicable to the Middle East (Israeli-Palestinian Conflict).
Not true. The law on the succession of states ha been around since the LoN.
In international law, when a state is dissolved and new states are established, “the population follows the change of sovereignty in matters of nationality.”
5 As a rule, therefore, citizens of the former state should automatically acquire the nationality of the successor state in which they had already been residing.
Genesis of Citizenship in Palestine and Israel
You are just looking for excuses.
Try again.
(COMMENT)
The actual international laws on the subject are:
These International Laws have not been around since the League of Nations. In fact, as every federal agent knows, that has foreign investigative experience, that the
International Law Commission (ILC) considers these two international conventions on the law of state succession as having been adopted; BUT NOT conventions that have been entered into force
(each requires but fifteen ratifications or accessions for entry into force).
There are four (4) broad categories the ILC examines with respect to State succession:
1) Treaties: the Vienna Convention on Succession of States in Respect of Treaties: Vienna I
2) State property, State debt and State archives: Vienna II
3) Membership to international Organizations
4) State succession and its impact on the nationality of natural and legal persons: the Rapporteur also failed to find any prospects for codification and recommended an ILC report or a United Nations General Assembly draft declaration setting minimum standards for the automatic acquisition of nationality. These minimum standards would serve as guidelines for State legislation concerned with State succession. But any "new" law would not necessarily be retroactive to any past or ongoing dispute. In fact, any claim made by the Palestinians concerning their nationality would have to be an exception to the "Non-Retroactive Principle" in law.
The ILC made note that, "[a] close examination of State practice afforded
no convincing evidence of any general doctrine by reference to which the various problems of succession in respect of treaties
could find their appropriate solution." [See:
The Problem of State Succession and the Identity of States under International Law and the Yearbook ILC (1974 - II, part i), at 168, para. 51. See also Castrén, ‘Obligations of States Arising from the Dismemberment of Another State’, 13 ZaöRV (1951) 753.] Each case must be examined on their own merit. That would include the Palestinian issue, if there were a question. But as you missed in the rebuttal
, there is NO question relative to nationality. With the establishment of the Palestinian State in 1988, the Arab Palestinians are all citizens of the latest iteration
of "self-determination" --- The State of Palestine.
Most Respectfully,
R