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State of Palestine
Description
According to the Montevideo Convention of 1933, and still recognised by the UN, a State can be defined as such if the following qualifications are met:
a. a permanent population (The Palestinian authority can identify a group of people that are permanently resident in the West bank and Gaza Strip territory)
b. a defined territory (eventhough Palestine territorial sovereignty is violated frequently by Israel, international law does not require boundaries of states to be accurately delimited in their entirety. Palestinian borders rather are negotiated. The Palestinian Declaration of Independence outlines the new state of Palestine being the territory of the West Bank and Gaza Strip with it's capital being East Jerusalem)
c. a Government (The existence of a government implies the capacity to establish and maintain a legal order in the sense of constitutional autonomy.Externally, it means the ability to act autonomously on the international level without being legally dependent on other states within the international legal order. Palestine is seen to satisfy both requirements)
d. capacity to enter into realtions with other States
It is now well established that in order to qualify for recognition, a state must not emerge as a result of illegality. Palestine has a lawful claim to statehood.Indeed, as far back as 1919, the Palestinian people were provisionally recognised as a member nation by the League of Nations.[29] This provisional recognition continues into effect today because of the conservatory clause found in Article 80 (1) of the UN charter.
Furthermore, on 15 December 1988, the UN General Assembly adopted Resolution 43/177, essentially recognising the new state of Palestine and according it observer-state status throughout the UNO.The resolution was adopted by a vote of 104 in favour. The US and Israel opposed, and 44 states abstaining. Be it as it may be, Boyle has forcefully demonstrated and argued out that "the General Assembly recognition of of the new state of Palestine is constitutive, definitive, and universally determinative".