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Abstract

The present study is limited to the investigation of the possibility of the creation of territorial entities. It deals exclusively with the OccupiedPalestinianTerritory, i.e. the West Bank(including East-Jerusalem) and Gaza, leaving the Golan Heightsand the Sheba Farms aside. When one speaks about territorial entities engendered by occupation, one is induced to mention this possibility solely for Israel([1]). The other side, that is the Palestine Authority (hereinafter: PA), has never been able to avail itself of actual occupation “en tant que souverain” of the aforementioned territories. There is indeed no doubt that such effectiveness is clearly lacking([2]).

([1]) For the historical account of these events: PAPPE, I., History of modern Palestine : one land, two peoples, Cambridge, 2004; MORRIS, B., Righteous Victims. A History of the Zionist-Arab Conflict, 1881-2001,New York, 2001.

([2]) It is true that the PA was endowed, in accordance with 1993 Oslo agreements, with some prerogatives pertaining to State functions in certain sectors of Palestine called « Zone A », but as the International Court of Justice affirmed in 2004 : “Such transfers have taken place, but, as a result of subsequent events, they remained partial and limited » (Legal consequences of the construction of a wall in the Occupied Palestinian Territory, advisory opinion of 9th July 2004: I.C.J. Reports 2004, § 77).

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