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The UK, Swedish and Irish Parliamentary Recognition of Palestine – Legally, Historically and Politically Questionable

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The UK, Swedish and Irish Parliamentary Recognition of Palestine – Legally, Historically and Politically Questionable

(dailyalert.org, Oct. 28, 2014)

The British House of Commons, the Irish Upper House and the Swedish prime minister would appear to contradict themselves by recognizing that negotiations are still pending, but nevertheless at the same time prejudging the outcome of the very negotiation they purport to support, by calling for recognition of the state of Palestine. Clearly no such Palestinian state or sovereign entity exists and thus cannot logically be recognized.
Similarly, no international treaty, convention or binding international resolution or determination has ever been adopted or entered into, that determines that the territories in dispute are indeed Palestinian. In this context, the Palestinian leadership itself is committed, pursuant to the Oslo Accords, to negotiate the issue of the permanent status of the territory. Accordingly, the outcome of such negotiations and the ultimate status of the territory cannot be arbitrarily imposed by external parties, including the UK, Irish or Swedish parliaments, or the UN.
The accepted norms and requirements of international law regarding the characteristics of statehood are set out in article 1 of the 1933 Montevideo Convention on the Rights and Duties of States. The Palestinians clearly do not meet the requirements set out in this convention. Amb. Alan Baker participated in the negotiation and drafting of the Oslo Accords with the Palestinians, and served as legal adviser and deputy director-general of Israel’s Ministry of Foreign Affairs. (Institute for Contemporary Affairs-Jerusalem Center for Public Affairs)

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