Some Remarks on the United Nations and Territorial Sovereignty in the Occupied Palestinian Territory
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(). 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().
() 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.
() 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).
"Some Remarks on the United Nations and Territorial Sovereignty in the Occupied Palestinian Territory,"
UAEU Law Journal: Vol. 2007:
30, Article 6.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2007/iss30/6