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Title Palestinian Statehood: A Study of Statehood through the Lens Of The Montevideo Convention
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Publication Date
Date Accessioned
Degree MA
Discipline/Department Political Science
Degree Level masters
University/Publisher Virginia Tech
Abstract In general, this thesis sheds light on the complexities associated with formal recognition of statehood within the international community and investigates the application of the articles in the Montevideo Convention relative to obtaining sovereign status as well as Palestine's efforts to meet the requirements set in those articles, in comparison to similar efforts underway by other alleged states. This is most relevant to academia in that it addresses the theoretical application of international law requirements for obtaining statehood and to political/policy circles in providing a synthesized understanding of modern barriers to statehood. Palestine is unable to achieve sovereign status because it lacks international recognition by powerful states, such as the US. Key components of this argument are that the International Court of Justice identifies the articles in the Montevideo Convention as customary law, Palestine meets the Montevideo Convention criteria, even if arguably only in the most basic sense, Palestine currently has bilateral recognition from 135 States and The United States, with support from Israel, continues to threaten its veto powers on any attempt of a bid for full membership by Palestine until a deal can be made between Palestine and Israel at the negotiation tables. Key discoveries made through the comparative analysis are (1) Kosovo, Taiwan and Palestine all meet the criteria outlined in the Montevideo Convention but have yet to receive official membership extended to sovereign states with the United Nations, (2) even in the absence of formal political recognition, diplomatic relationships (whether official or unofficial) still exist; they are typically indicative of economic and business needs rather than political ones and (3) without either unilateral acceptance or abstention of an aspiring state's application for statehood by one of the members of the United Nations Security Council, achieving sovereign status with recognition by the United Nations (and not just some of the sub agencies) is almost impossible. Despite growing momentum in support of a bid for Palestinian statehood, without support from members of the UNSC, progress will be stalled. This thesis explores a topic that is heavily analyzed by taking a step back to look at the basics. Other analyses on the topic of Palestinian statehood are very focused on the complexities of the situation and the mere fact that sovereign status is not achieved; this focuses on the simplicity of the situation and identifying the primary factor that prevents sovereign status.
Subjects/Keywords Palestine; Statehood; Montevideo
Contributors Nelson, Scott G. (committeechair); Pourchot, Georgeta Valentina (committeechair); Peters, Joel (committee member)
Rights This Item is protected by copyright and/or related rights. Some uses of this Item may be deemed fair and permitted by law even without permission from the rights holder(s), or the rights holder(s) may have licensed the work for use under certain conditions. For other uses you need to obtain permission from the rights holder(s).
Country of Publication us
Record ID handle:10919/64512
Repository vt
Date Indexed 2019-03-08
Issued Date 2016-01-28 00:00:00
Note [degree] Master of Arts;

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…2010. The Statehood of Palestine: International Law in the Middle East Conflict. New York, NY: Cambridge University Press, 206. 9 Whitbeck, John V. (2011, Summer). "The State of Palestine Exists." Middle East Policy Council XVIII…

…explains that the existence of statehood is separate from recognition; and the final article articulates that once a state extends its recognition of another state, it cannot revoke recognition of that state. The remaining articles generally deal with how…

…criterion, once again the Montevideo Convention does not set forth a required minimum or maximum measurement of land to meet the requirement of statehood. What is required is that there exists a defined piece of land that is inhabited by 13 Abdulrahim, D…

…USA: Oxford University Press, 55. 9 Although the convention was signed by nineteen states limited to the Americas, John Quigley asserts that these criteria are “…customarily cited” as the standards for statehood.16 The criterion are considered an…

…aspect of international law that is derived from international custom and has become the proper source for defining statehood based from the primary judicial branch of the United Nations known as the International Court of Justice (ICJ) under…

…Article of the Montevideo Convention explains that statehood is not only separate from recognition, but recognition is also voluntary. Recognition demonstrates the existing State‟s desire and willingness to enter into formal relations with a new State…

…but do not receive or benefit from the rights that come with statehood because they are not granted recognition by states that have power. Likewise, there are also entities that are formally recognized as states by the same powerful states that do not…

…government and not the other while some countries attempt to 16 Quigley, John. 2010. The Statehood of Palestine: International Law in the Middle East Conflict. New York, NY: Cambridge University Press, 206. 17 International Court of Justice. (n.d.)…

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