The legal notion of the state with particular reference to Palestinian statehood

Abstract

This thesis has two principle objectives: to analyse the developments of international law in the area of statehood and to apply it to the Palestinian question with the ultimate aim of giving an international law perspective to the conflict in the Middle East. Primarily, it follows the progression of the law on statehood in line with the developments of the international community away from a system which is based on force and towards one which is regulated by an overarching international legal order. The result is a concept of statehood encompassing not solely the theory of effectiveness, but also the notion of legitimacy based on peremptory norms and the respect for fundamental rights. This thesis applies this more contemporary consideration of the statehood debate to the context of the conflict which arose over a quest for identity and has resulted in a struggle for land, resources and a national homeland as embodied in the state. An analysis of the application of international law to the conflict is made through a comparison between the principles which were applied and those which ought to have been applied. The result is the stark realisation that unless international law principles are given their due consideration in the course of the current negotiations, there can never really be any just and lasting solution to this conflict which has disrupted the lives of millions of people for over a century.