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Assume that you are a legal officer in the Department of Foreign Affairs in your country of nationality (Cyprus). You have been - Dissertation Example

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To the Minister of Foreign Affairs of Cyprus: Justifying the Recognition of Palestine as an Independent State By Course University Date Table of Contents Introduction 2 Section 1: Historical Background 4 Section 2: The Montevideo Convention Criteria for Statehood 6 Section 3: Recognition by Other States 12 Section 4: UN General Assembly Resolution A/67/L.28 on the Status of Palestine 15 Section 5: The relevance of Human Rights in the determination of statehood and the inalienable right of Palestinian people to self-determination 17 Conclusion 20 Bibliography 22 Introduction This report is addressed to the Minister of Foreign Affairs of Cyprus…
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Assume that you are a legal officer in the Department of Foreign Affairs in your country of nationality (Cyprus). You have been
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Download file to see previous pages However, this announcement might be seen as a mere formality since the League of Nations provisionally recognised Palestine as an independent state as well as the 1922 Mandate for Palestine that awarded Palestine to Great Britain.1 Again in 1947, the United Nations General Assembly passed Resolution 181(11) Future Government of Palestine mandated the division of Palestine into two states: a Jewish and an Arab state. In 1948, the Jewish state was proclaimed as the State of Israel.2 Attempts and progress with respect to the recognition of an Arab Palestinian state however has been turbulent. The 1988 declaration did nothing to change the status quo.3 Palestine has had a difficult time achieving what many feel is its legal right: independent state status. This difficulty surrounds the lack of recognition within the international community, a necessary prerequisite for the effective acquisition of state status.4 A main part of the problem is the Arab League’s opposition to the recognition of Israel as an independent state. This has created significant tensions between Israel and Arabs in the region and Palestinians are paying the price. None of this diminishes the legal elements entitling Palestine to state recognition.5 The debate over the appropriate state status of Palestine is for the most part partisan.6 This report takes a wholly non-partisan approach to the issue of the appropriate state status of Palestine and examines the issue from the perspective of the people of Palestine and its territory. In this regard, separate and apart from political consideration, this reports examines the legal elements of statehood under international law as well as the right of self-determination on the part of the people of Palestine under international customary and human rights law. Cyprus knows all too well the struggles that accompany territorial claims and the denial of the right to self-determination having suffered its own division and struggles for an independent state in opposition to both Greece and Turkey.7 This report however, does not advocate for recognising the state status of Palestine out of sympathy, but simply because it is the right thing to do under international law and strengthens Palestine’s recognition by one of only a few member states to the EU. In making the case for Cyprus’ recognition of Palestine as an independent state this report will be presented in 5 parts. The first section provides background and historical context relative to the Israeli-Palestinian conflict and the state status of Palestine. Section 2 examines the Montevideo Convention criteria for statehood in relation to Palestine. Section 3 identifies and analyses the recognition of Palestine as a state within the international community. Section 4 analyses the UN General Assembly Resolution A/67/L.28 which upgrades Palestine’s state status. Section 5 of this report will analyse the right to self-determination under international human rights law and its implications for Palestine’s state ...Download file to see next pages Read More
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