P F Tinmore, et al,
Well, there are those that claim the argument. But actually there does not need to be any paper evidence at all. There are those that believe state is "nonphysical juridical entity," of the
Montevideo Convention of 1933 wherein all you need to is to declare and set the Article 1 and Article 3 conditions:
a ) a permanent population;
b ) a defined territory;
c ) government; and
d) capacity to enter into relations with the other states.
It does not require recognition
(formal or tacit), and is independent even absent any recognition. But this is not the same as being a "
Sovereign Nation."
The supreme, absolute, and uncontrollable power by which an independent state is governed and from which all specificpolitical powers are derived; the intentional independence of a state, combined with the right and power of regulating itsinternal affairs without foreign interference.
Sovereignty is the power of a state to do everything necessary to govern itself, such as making, executing, and applyinglaws; imposing and collecting taxes; making war and peace; and forming treaties or engaging in commerce with foreign nations.
For Encyclopedia of American Law:
Sovereign nation. (n.d.) West's Encyclopedia of American Law, edition 2. (2008). Retrieved January 22 2016 from http://legal-dictionary.thefreedictionary.com/Sovereign+nation
In the 21st Century, the issue of sovereignty, versus independence, has become even more complication in certain situations. The December 2001 Report by the International Commission on Intervention and State Sovereignty made many important observations in wrestling with the issue. It recognizes the condition in which the State of Israel is compelled to take action against the Hostile Arab Palestinian which uses the color of a Islamic Resistance Movement to launch continuous attacks against Israel itself.
2.8 A condition of any one state’s sovereignty is a corresponding obligation to respect every other state’s sovereignty: the norm of non-intervention is enshrined in Article 2.7 of the UN Charter. A sovereign state is empowered in international law to exercise exclusive and total jurisdiction within its territorial borders. Other states have the corresponding duty not to intervene in the internal affairs of a sovereign state. If that duty is violated, the victim state has the further right to defend its territorial integrity and political independence. In the era of decolonization, the sovereign equality of states and the correlative norm of nonintervention received its most emphatic affirmation from the newly independent states.
2.9 At the same time, while intervention for human protection purposes was extremely rare, during the Cold War years state practice reflected the unwillingness of many countries to give up the use of intervention for political or other purposes as an instrument of policy. Leaders on both sides of the ideological divide intervened in support of friendly leaders against local populations, while also supporting rebel movements and other opposition causes in states to which they were ideologically opposed. None were prepared to rule out a priori the use of force in another country in order to rescue nationals who were trapped and threatened there.
2.10 The established and universally acknowledged right to self-defence, embodied in Article 51 of the UN Charter, was sometimes
extended to include the right to launch punitive raids into neighbouring countries that had shown themselves unwilling or unable to stop their territory from being used as a launching pad for cross-border armed raids or terrorist attacks. But all that said, the many examples of intervention in actual state practice throughout the 20th century did not lead to an abandonment of the norm of non-intervention.
SOURCE: Published by the International Development Research Centre PO Box 8500, Ottawa, ON, Canada K1G 3H9
IDRC - International Development Research Centre © HER MAJESTY THE QUEEN IN RIGHT OF CANADA 2001 as
International Commission on Intervention and State Sovereignty The Responsibility to Protect Report of the CD-ROM ISBN 0-88936-960-7 1 JZ6368.I57 2001 327.1’7 C2001-980327-3
Even today the
norms of sovereignty are described in a very simplistic manner in the UN Charter, outlined in Chapter I --- Article 2(4) prohibits attacks on “political independence and territorial integrity,” and whose Article 2(7) sharply restricts intervention. Again the established "politically expected norm is non-intervention." That presupposes that the Arab Palestinians honor that condition --- AND --- did not set the description described in citation 2.10 supra.
More accurately, Palestinian territory. I have posted many things showing that Palestine is a state including recognition by the US. I have seen more but I do not offhand have links.
I know that Palestine has been politically wiped off of western maps, however, I have seen nothing that has legally changed its status.
Your posts are based on the political opinion that there is no Palestine without confirming that it is true.
(COMMENT)
Sovereignty is not just merely empowerment to exercise exclusive and total jurisdiction within its territorial borders. Sovereignty is very much like any other authority. The implication is that a commensurate level of responsibility is attached. The ICSSI - Report
(supra) outlines the trio of responsibilities which I think the Hostile Arab Palestinians fail to address. They failed to address it in the two decades that they were under third party Arab protection, and they have failed to address it in the more than two decades since the 1988 Declaration of Independence; being more absorbed in conflict to be concerned by such trivial issues:
• First, it implies that the state authorities are responsible for the functions of protecting the safety and lives of citizens and promotion of their welfare.
• Secondly, it suggests that the national political authorities are responsible to the citizens internally and to the international community through the UN.
• And thirdly, it means that the agents of state are responsible for their actions; that is to say, they are accountable for their acts of commission and omission. The case for thinking of sovereignty in these terms is strengthened by the ever-increasing impact of international human rights norms, and the increasing impact in international discourse of the concept of human security.
There is more to being a sovereign state then just making a political announcement, and calling the territory of another --- Palestinian Territory.
Your implication is that, you want to see paper, refusing to accept the International boundaries between
Israel and Egypt (1979) and that established between
Israel and Jordan (1995). But the real-world evidence is in a much more physical. It comes in the form of an established perimeter
[(Article II in the Peace Treaty
permanent boundary between Egypt and Israel) (Article 3 in the Peace Treaty that establishes the international boundary between Israel and Jordan)] in which the Government of Israel actually exercises sovereign authority.
There are two levels: i) In the legal sense; and ii) In the actually physical sense.
(SIDEBAR)
You might have noted that the ICSS not just implied, but actually established the element that for a state to become sovereign it must:
• The responsibility for protecting the lives and promoting the welfare of citizens lies first and foremost with the sovereign state,
• Secondly with domestic authorities acting in partnership with external actors, and
• Thirdly with international organizations.
There is a gap – a responsibility deficit – if the state proves unable or unwilling to protect citizens, or itself becomes the perpetrator of violence against its own citizens.
This is a profound statement. In this regard, the responsibility to take such security action as be necessary to "protect" Israeli citizens from attacks by Hostile Arab Palestinians has a higher priority any other political-military concern.
Most Respectfully,
R