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wmldswlxh's blog: "wmldswlxh"

created on 08/09/2011  |  http://fubar.com/wmldswlxh/b342831

A legal opinion highlighting the challenges and risks facing the Palestinian people in their quest for statehood has been obtained by Al Jazeera, in the lead up to the Palestinian Liberation Organisation's bid at the United Nations in September. The opinion, written by Guy Goodwin-Gill, a professor of public international law at Oxford University and a member of the legal team representing Jordan's government in 'The Wall' case against Israel at the International Court of Justice in 2004, tackles the issues of Palestinian rights, representation, and the right of return, which may all be seriously affected by the outcome of the bid. Al Jazeera's Nour Samaha conducted an interview with Professor Goodwin-Gill to get a clearer picture of the dangers the Palestinian people may potentially face with the bid. sacs louis vuitton His entire legal judgment on the problems with the current Palestinian bid for statehood can be accessed here. How will the transfer of representation from the Palestinian Liberation Organisation (PLO) to a state terminate/lose the authority to represent the Palestinian people? What we have here, it seems to me, is a moment in which certain matters have just not been thought through. Historically, the PLO has been the sole, legitimate representative of the Palestinian people, internationally and within the United Nations [UN]. Now it is to be the state. Who, though, is the state, and what are the democratic links between those who will represent the state in the UN and the people of Palestine? An abstract entity – a state – is proposed, but where are the people? Traditionally, a state for the purposes of international law presupposes territory, population, government and the capacity to enter into international relations. But we have moved beyond that, particularly where representation in the UN is concerned. Today's world expects more – that a state should be representative of the people for whom it speaks and directly accountable to them. One way to establish representative democracy is by elections, though elections also should meet certain international standards. But states which are imposed, top-down, or which are crated without an exercise of the popular will are, by definition, not representative. And as recent events remind us, the lack of representative and accountable government is a sure-fire recipe for disaster. If the 'state of Palestine' is meant to replace the 'PLO', does this not just mean a transfer of authorities from one to the other? Similar to an official name-change? As I understand the present proposal, the state of Palestine may replace the PLO as the representative of the people of Palestine at the United Nations. But we need to ask, what is the legitimate basis for such representation? I am not saying that it cannot be done, for of course it can. But only that I do not see the hallmarks of democratic, representative and accountable statehood – something in turn which depends on an exercise of the popular will. Shouldn't this come first? How does the idea of Palestine statehood affect the role of the Palestinian National Council, and the Palestinian National Charter? These are internal constitutional matters on which I am not competent to judge, but which again would seem to engage the will of the people. You tackle three specific issues; constitutional, statehood, and representation. Starting on the issue of constitutional, you are saying the Palestinian Authority (PA) is a subsidiary body, formed by the PLO, as an administrative entity, and that "it does not have the capacity to assume greater powers, to ‘dissolve’ its parent body, or otherwise establish itself independently of the Palestinian National Council and the PLO". What does this mean, both for the quest for statehood, and subsequently for the Palestinians if statehood is granted?

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