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QUESTION| In resolution 67/19, the United Nations General Assembly decides to accord to Palestine, a non-member observer state status in the United Nations.
Explain the importance of the resolution while determining the Statehood of Palestine.
Analyse your arguments in the light of various theories of recognition.
Importance of this question : Important Law Optional mains question
QUESTION POSTED ON | 03.11.2021
MODEL ANSWER WILL BE POSTED ON |04.11.2021
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ANSWER |
The resolution principally deals with the call for independence and statehood for Palestine. Totally, 132 states have recognised Palestine as a State. This resolution talks about:
1. The right of the Palestinian people to self-determination and to independence in their State of Palestine on the Palestinian territory occupied since 1967.
2. To accord to Palestine non-member observer State status in the United Nations without affecting the Palestine liberation organisations rights, privileges etc.
3. Hoping that the Security Council will consider favourably the application submitted on 23 September 2011 by the State of Palestine for admission to full membership in the United Nations;7
4. Affirms its determination to contribute to the achievement of the inalienable rights of the Palestinian people. The vision of two States that is an independent, sovereign, democratic, contiguous and viable State of Palestine living side by side in peace and security with Israel on the basis of the pre-1967 borders;
5. The urgent need for the resumption and acceleration of negotiations within the Middle East peace process based on the relevant United Nations resolutions, the terms of reference of the Madrid Conference, including the principle of land for peace, the Arab Peace Initiative and the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict for the achievement of a just, lasting and comprehensive peace settlement and resolves all outstanding core issues like the Palestine refugees, Jerusalem, settlements, borders, security and water.
6. Urges all States and the specialized agencies and organizations of the United Nations system to continue to support and assist the Palestinian people in the early realization of their right to self-determination, independence and freedom;
7. The Secretary-General to take the necessary measures to implement the present resolution and to report to the General Assembly within three months on progress made in this regard.
There are two theories of recognition of states. They are (1) constitutive theory and (2) declaratory theory. As per constitutive theory, the States emerges as States only after it gets recognition from other States. Under declaratory theory, the new state exist independent of recognition. The recognition is merely an evidence of the fact that the new entity fulfils the essentials of statehood. Thus, the question of Palestine statehood is in between the two theories.