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Brainstorm

SESSION
By Ma. Nikka Floan M Ramirez
Contents
1 ELEMENTS OF STATE 3 DECLARATION OF STATE
OF PALESTINE

2 HISTORY OF PALESTINE
4 CONCLUSIONS
State
commonly defined as a COMMUNITY which consists of a
TERRITORY and a POPULATION subject to an
ORGANISED POLITICAL AUTHORITY’ and that ‘such a
state is characterized by SOVEREIGNTY’
About STATE
ART 1 MONTEVIDO CONVENTION ON RIGHTS AND
DUTIES OF STATES 1933
STATE AS AN INTERNATIONAL PERSON SHOULD
POSSESS THE FOLLOWING QUALIFICATIONS:

(A) A PERMANENT POPULATION;


(B) A DEFINED TERRITORY;
(C) GOVERNMENT; AND
(D)CAPACITY TO ENTER INTO RELATIONS WITH
OTHER STATES’
Defined Territory
The need for a defined territory focuses
upon the requirement for a particular
territorial base upon which to operate.
However, there is no necessity in
international law for defined and settled
boundaries
BRIEF HISTORY OF PALESTINE
THE UN GENERAL 1974 YASSER ARAFAT,CHAIRMAN
AFTER WORLD ISRAEL DECLARE
Nov 1947 UN PARTITION ASSEMBLY AFFIRM RECOGNIZE THAT A PALESTINE
WAR I PLAN INDEPENDENCE IN 1948 AND
LIBERATION ORGANIZATION PLO
1920 CAPTURED SO MUCH LAND THE RIGHTS OF
A SOUL REPRESENTATIVE OF
THAN THE PARTION PLAN,
PALESTENIAN PALESTENIAN PEOPLE.
LEAGUE OF NATION DIVIDING THE EXCEPT THE WEST BANK, EAST
PLACE PALESTINE PALESTINE INTO 2 JERUSALEM AND GAZA STRIP HELD BY 1. RIGHT TO SELF
FORMALLY PART OF INDEPENDENT EGYPT MORE THAN HALF OF THE DETERMINATION
OTTOMAN EMPIRE IN STATE PALESTENIAN WERE EXPELLED FROM 2. SOVERIEGNTY
1918 UNDER THE BRITISH (ARAB/JEWISH AND FLED THEIR HOMES, ENDED UP IN
3. INDEPENDENCE
ADMINISTRATION THAT THE REFUGEE CAMP AT WEST BANK AND
STATE) 4. REFUGEE RETURN
GAZA AND NEIGHBORING COUNTRIES
SUPPORTED THE JERUSALEM
CALLED IT NAKBA MEANS
CREATION OF JEWISH
SHALL BE PLACED CATASTROPHE
NATIONAL HOME ,
AT THE UN ADMIN THE REMAIN REFUGEE TO THE
SIGNED BY THE LEADERS
PALESTINE MAINLY RELY ON THE
CONSIDERING IT THE PALESTINE REFUGEE AGENCY
ACIENT JEWISH SPECIFICALLY USED IN THIS KIND OF
HOMELAND. CASE.
PALESTINIAN WHO LIVE 1967 SIX DAY WAR BETWEEN ISRAEL
IN THE LAND FOR THE /EGYPT SYRIA/JORDAN HALF A MILLION
CENTURIES MADE AN OF PALESTINIAN FORCE TO FLEE, ISRAEL

UPRISING 1936-1939 OCCUPIED THE GAZA AND WEST BANK


AND ANNEX EAST JERUSALEM
BRIEF HISTORY OF PALESTINE
1987-FIRST INTIFADA OR
2000-2ND INTIFADA 2012- PALESTINE
UPRISING AND DIPLOMACY 2007 ISRAEL IMPOSED A LOCATE ON
FOLLOWED AND LED TO THE ARMED CLASHES GAZA WHICH CAUSED A DEEPENING
BECAME A UN NON-
SIGNING OF INTERIM OSLO
AND BOMB HUMANITARIAN CRISIS ALONG WITH MEMBER OF
ACCORDS BETWEEN ISRAEL PALESTINIAN RESISTANCE
ATTACKES ENSUED SERVER STATE
AND PLO IN 1990'S
SECURITY COUNCIL DEMANDED THAT
ISRAEL MADE A WEST BANK ISRAEL SEES ILLEGAL SETTLEMENT
SEPARATION WALL MUCH OF IT ACTIVITY .HOWEVER, SETTLEMENTS
INSIDE PALESTINIAN TERRITORY CONTINUE TO EXPAND DESPITE
SIEZING LAND AND RESTRICTING BROAD INTERNATIONAL SUPPORT
FREEDOM OF MOVEMENT. FOR A TWO-STATE SOLUTION, IT HAS
THE ICJ DETERMINED THAT THE NOT BEEN POSSIBLE TO JUSTLY
WALL INSIDE PALESTINIAN RESOLVE CORE FINAL STATUS ISSUES
TERRITORY WAS ILLEGAL IN ACCORDANCE WITH UN
IN 2005 ISRAEL WITHDREW RESOLUTIONS AND THAT IS WHY
TROOPS AND SETTLERS FROM UNTIL JUSTICE AND INTERNATIONAL
GAZA AFTER AN ARMED LAW PREVAIL AND ISRAEL ENDS ITS
TAKEOVER BY HAMAS OCCUPATION, PALESTINIAN WILL
PALESTINES ISLAMIC CONTINUE STRUGGLE TO FIGHT FOR
RESISTANCE MOVEMENT THEIR RIGHTS.
E PE RM ANENT
19 8 8 F R OM TH
18 N OV EMBER
ATED VE OF
LETTER D REPRES EN T A T I
ED TO THE
ES S
N A TIO N S ADDR
T HE U NITED Declaration of Sate of
JORDAN
TO
R Y -G E N ERAL
SECRETA Palestine
II
ANNEX I
END E NCE
The Palestine National Council hereby
OF IND EP
RA TIO N
DECLA

io n s o f t he declares, in the Name of God and on


h e r e s o lut
u a n t t o t an d on
Pu rs fe r e nc e s behalf of the Palestinian Arab
m m it C o n n a l
Ara b S u in te r n a t io
a s is of t h e
t h e people, the establishment of the
the b in
e m b o died s State of Palestine in the land of
it im a c y N a t io n
leg th e U n ited
u tio n s o f x e r cis e Palestine with its capital at
res o l u g h t he e
, a n dT h r o it s
sin c e 19 4 7 p eo p le o f Jerusalem.
in ia n A r a b
h e P a le s t m in a t io n ,
by t e l f-deter The State of Palestine shall be for
t o s a n d
rig h t en ce
l in d e p e n d Palestinians, wherever they may be
politic a er ri t or y :
o v e r it s t therein to develop their national and
ty
sovereign
cultural identity and therein to enjoy
.
full equality of rights.
Conclusion
A state may be recognized as a legal person even though it is
involved in a dispute with its neighbors as to the precise
demarcation of its frontiers, so long as there is a consistent band of
territory which is undeniably controlled by the government of the
alleged state. What matters is the presence of a stable community
within a certain area, even though its frontiers may be uncertain.
Since the Palestinian Liberation Organization (PLO) does not control
any part of the territory it claims, it also lacks of the sovereign title
over a defined territory. Thus, it has not met the second requirement
of de facto statehood. Considering this, Palestine is not considered a
valid state.
Therefore, the declaration of the 'State of Palestine' in November
1988 at a conference in Algiers cannot be considered valid state.
Thanks!

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