State of Palestine: Difference between revisions
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About 100 countries have [[Diplomatic recognition|recognized]] the State of Palestine, which is represented as an observer member at the [[United Nations]] by the PLO under the name 'Palestine'.<ref name=Watsonp62>Watson, 2000, p. 62.</ref><ref>[http://imeu.net/news/article0065.shtml Institute for Middle East Understanding] (IMEU): 3.10 - How many countries recognize Palestine as a state?</ref><ref>[http://web.archive.org/web/20060404211437/http://www.pna.gov.ps/Government/gov/recognition_of_the_State_of_Palestine.asp Palestinian National Authority] Recognition of the State of Palestine after its proclamation by the PNC meeting in Algiers in November 1988</ref> The [[Palestinian National Authority]] (PNA or PA) is an interim administrative body that exercises some governmental functions in parts of the [[West Bank]] and the [[Gaza Strip]]. Created by the [[Oslo Accords]] that were signed between Israel and the PLO, it is not a synonym for the government of Palestine, though it is associated with it. The current [[President of Palestine]] is [[Mahmoud Abbas]], serving in his capacity as [[Chairman of the Palestine Liberation Organization]]. |
About 100 countries have [[Diplomatic recognition|recognized]] the State of Palestine, which is represented as an observer member at the [[United Nations]] by the PLO under the name 'Palestine'.<ref name=Watsonp62>Watson, 2000, p. 62.</ref><ref>[http://imeu.net/news/article0065.shtml Institute for Middle East Understanding] (IMEU): 3.10 - How many countries recognize Palestine as a state?</ref><ref>[http://web.archive.org/web/20060404211437/http://www.pna.gov.ps/Government/gov/recognition_of_the_State_of_Palestine.asp Palestinian National Authority] Recognition of the State of Palestine after its proclamation by the PNC meeting in Algiers in November 1988</ref> The [[Palestinian National Authority]] (PNA or PA) is an interim administrative body that exercises some governmental functions in parts of the [[West Bank]] and the [[Gaza Strip]]. Created by the [[Oslo Accords]] that were signed between Israel and the PLO, it is not a synonym for the government of Palestine, though it is associated with it. The current [[President of Palestine]] is [[Mahmoud Abbas]], serving in his capacity as [[Chairman of the Palestine Liberation Organization]]. |
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==Background== |
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As a geographic area, the definition of [[Palestine]] has varied throughout history, but currently covers what is the modern state of [[Israel]], the [[West Bank]] up to the [[Jordan River]] and the section of the [[Sinai]], known as the [[Gaza Strip]].<ref name=Rubinp186/> Ruled by the [[Ottoman Empire]] (1518-1917), this area became part of [[Mandate Palestine]] after the end of [[World War I]].<ref name=Rubinp186/> While Palestine's partition into an Arab state and [[Jewish state]] were proposed as part of the 1947 [[United Nations Partition Plan for Palestine]], only the Jewish state materialized, adopting the name Israel. Accordingly, Palestine is a country that does not appear on contemporary political maps, but which is very much alive for its people.<ref name=Rubinp186/> Many of its people are [[Palestinian refugees|refugees]] who comprise a significant segment of the [[Palestinian diaspora]], accounting for why some Palestinians describe Palestine as, "a country in exile."<ref name=Rubinp186/> The [[Palestinian people]]'s struggle for recognition of their, "political rights, including statehood, has made this country-without-a-country, a continuing flashpoint for tensions in the [[Middle East]] since the late 1920s."<ref name=Rubinp186>Rubin, 1999, [http://books.google.ca/books?id=A9FVtIjyFtYC&pg=PA186&dq=palestine+country+palestinians+state&lr=&as_brr=3#v=onepage&q=palestine%20country%20palestinians%20state&f=false p. 186].</ref> |
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==1988 Declaration== |
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The [[s:Palestinian Declaration of Independence|Palestinian Declaration of Independence]] was approved by the [[Palestinian National Council]] (PNC) in [[Algiers]] on [[November 15]], [[1988]], by a vote of 253 in favour 46 against and 10 abstentions. It was read by [[Yasser Arafat]] at the closing session of the 19th PNC to a standing ovation.<ref name=Sayighp624/> Upon completing the reading of the declaration, Arafat, as [[Chairman of the Palestine Liberation Organization]] assumed the title of "President of Palestine."<ref name=Silverburg198>Silverburg, 2002, p. 198.</ref> |
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Referring to "the historical injustice inflicted on the Palestinian Arab people resulting in their dispersion and depriving them of their [[right to self-determination]]," the declaration recalled the [[Treaty of Lausanne]] (1923) and [[UN General Assembly Resolution 181]] as supporting the rights of Palestinians and Palestine. The declaration then proclaims a "State of Palestine on our Palestinian territory with its capital [[Jerusalem]]".<ref name=Silverburgp42>Silverburg, 2002, p. 42.</ref><ref name=Quigleyp212/> The borders of the declared State of Palestine were not specified. By calling for multilateral negotiations on the basis of [[UN Security Council Resolution 242]], which calls for Israeli withdrawal from the [[occupied Palestinian territories|territories occupied in 1967]], the PNC seemed to be suggesting that it would accept a state in the [[West Bank]] and [[Gaza Strip]] and that it no longer questioned [[Israel]] as a state.<ref name=Quigleyp212>Quigley, 2005, p. 212.</ref> The PNC's political communiqué accompanying the declaration called only for withdrawal from "[[East Jerusalem|Arab Jerusalem]]" and the other "Arab territories occupied."<ref>[http://www.al-bab.com/arab/docs/pal/pal4.htm Political communique] Palestine National Council. Algiers, November 15, 1988. Official translation.</ref> [[Yasser Arafat]]'s statements in Geneva a month later<ref>[http://mondediplo.com/focus/mideast/arafat88-en ''Yasser Arafat, Speech at UN General Assembly Geneva, General Assembly 13 December 1988''] - [[Le Monde Diplomatique]]</ref><ref>[http://www.jewishvirtuallibrary.org/jsource/Terrorism/plotstate1.html ''Arafat Clarifies Statement to Satisfy U.S. Conditions for Dialogue, 14 December 1988''] - [[Jewish Virtual Library]]</ref> were accepted by the United States as sufficient to remove the ambiguities it saw in the declaration and to fulfill the longheld conditions for open dialogue with the [[United States]].<ref>{{cite journal |last=Rabie |first=Mohamed|date=Summer,1992|title=The U.S.-PLO Dialogue: The Swedish Connection |journal= Journal of Palestine Studies|volume=21|issue=4|pages=54-66|id=|url=http://links.jstor.org/sici?sici=0377-919X(199222)21%3A4%3C54%3ATUDTSC%3E2.0.CO%3B2-Q |accessdate= 2007-07-01}}</ref><ref>{{cite book |author=Quandt, William B. |title=Peace Process: American Diplomacy and the Arab-Israeli conflict since 1967 |publisher=Brookings Institution |location=Washington |year=1993 |pages=367-375, 494 |isbn=0-520-08390-3}}</ref> |
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As a result of the declaration, the [[United Nations General Assembly]] (UNGA) convened, inviting Yasser Arafat, Chairman of the PLO to give an address. An UNGA resolution was adopted "acknowledging the proclamation of the State of Palestine by the Palestine National Council on 15 November 1988," and it was further decided that "the designation 'Palestine' should be used in place of the designation 'Palestine Liberation Organization' in the [[United Nations]] system." One hundred and four states voted for this resolution, forty-four abstained, and two - the [[United States]] and [[Israel]] - voted against.<ref name=Quigley/> |
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Shortly after the declaration, the proclaimed "State of Palestine" was recognized by 89 states. The view of the [[European Union|European states]], which did not extend full recognition was expressed by French President [[Francois Mitterand]] who stated: "Many European countries are not ready to recognize a Palestine state. Others think that between recognition and non-recognition there are significant degrees; I am among these."<ref name=Quigley/> |
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==Government structure== |
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By the 1988 declaration, the PNC empowered its central council to form a [[government-in-exile]] when appropriate, and called upon its executive committee to perform the duties of the government-in-exile until its establishment.<ref name=Sayighp624>Sayigh, 1999, p. 624.</ref> |
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Under the terms of the [[Oslo Accords]] signed between Israel and the PLO, the latter assumed control over the [[Jericho]] area of the West Bank and the Gaza Strip on 17 May 1994. On September 28, 1995, following the signing of the [[Interim Agreement on the West Bank and the Gaza Strip|Israeli-Palestinian Interim Agreement on the West Bank and Gaza Strip]], Israeli military forces withdrew from the West Bank towns of [[Nablus]], [[Ramallah]], [[Jenin]], [[Tulkarem]], [[Qalqilya]] and [[Bethlehem]]. In December 1995, the PLO also assumed responsibility for civil administration in 17 areas in [[Hebron]].<ref name=Eurp905>Eur, 2004, p. 905.</ref> While the PLO assumed these responsibilities as a result of Oslo, a new temporary interim administrative body was set up as a result of the Accords to carry out these functions on the ground: the [[Palestinian National Authority]] (PNA). |
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An analysis outlining the relationship between the PLO, the PNA (or PA), Palestine and Israel in light of the interim arrangements set out in the Oslo Accords begins by stating that, "Palestine may best be described as a transitional association between the PA and the PLO." It goes on to explain that this transitional association accords the PA responsibility for local government and the PLO responsibility for representation of the Palestinian people in the international arena, while prohibiting it from concluding international agreements that affect the status of the [[Occupied Palestinian territory|occupied territories]]. This situation is said to be accepted by the Palestinian population insofar as it is viewed as a temporary arrangement.<ref name=Dajanip121>Dajani in Brownlie et al., 1999, p. 121.</ref> |
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==Legal status== |
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There are a wide variety of views regarding the status of the State of Palestine, both among the states of the international community and among legal scholars and there is no consensus as to its legal status. |
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Alex Takkenberg writes that while "[...] there is no doubt that the entity 'Palestine' should be considered a state ''[[in statu nascendi]]'' and although it is increasingly likely that the ongoing peace process will eventually culminate in the establishment of a Palestinian state, it is premature to conclude that statehood, as defined by international law, is at present (spring 1997) firmly established."<ref name=Takkenbergp181>Takkenberg, 1998, p. 181.</ref> Referring to the four criteria of statehood, as outlined in the 1933 [[Montevideo Convention]] - that is, a permanent population, a defined territory, government and the capacity to enter into relations with other states - Takkenberg states that the entity known as Palestine does not fully satisfy this criteria.<ref name=Takkenbergp181/> |
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Conversely, [[John V. Whitbeck]] writes that "[...] the State of Palestine already exists," and that when, "Judged by these customary criteria [those of the Montevideo Convention], the State of Palestine is on at least as firm a legal footing as the State of Israel." He continues: "The weak link in Palestine's claim to already exist as a state was, until recently, the fourth criterion, "effective control. [...] Yet a Palestinian executive and [[Palestinian Legislative Council|legislature]], democratically elected with the enthusiastic approval of the international community, now exercises 'effective control' over a portion of Palestinian territory in which the great majority of the state's population lives. It can no longer be seriously argued that Palestine's claim to exist falls at the fourth and final hurdle."<ref name=Whitbeck>{{cite journal|volume=3|issue=2|year=1996|title=The Palestinian State Exists|url=http://www.pij.org/details.php?id=544|accessdate=2009-08-05|journal=Palestine-Israel Journal of Politics, Economic and Culture}}</ref> |
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For [[John Quigley]], Palestine's existence as a state predates the 1988 declaration. Tracing Palestine's status as an international entity back to the collapse of the [[Ottoman Empire]] after [[World War I]], he recalls that the [[Palestine Mandate]] (1918-1948), an arrangement made under Article 22 of the Covenant of the [[League of Nations]], held as its "ultimate objective", the "[[self-determination]] and independence of the people concerned." He suggests that in explicitly referring to the Covenant, the 1988 declaration was reaffirming an existing Palestinian statehood. Noting that Palestine under the Mandate entered into [[Bilateral treaty|bilateral treaties]], including one with [[Great Britain]], the Mandatory power, he cites this as an example of its "sovereignty" at that time.<ref name=Quigley/> |
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== States that recognize Palestine == |
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{{seealso|List of diplomatic missions of Palestine}} |
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[[Image:Palestine-recognition-map.png|centre|thumb|500px|Map showing nations which have recognized or have special diplomatic arrangements with the State of Palestine or other Palestinian delegation.]] |
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More than 100 states recognize the State of Palestine<ref>[http://www.ejil.org/journal/Vol1/No1/art20.html European Journal of International Law "The Creation of the State of Palestine"]</ref>, and 20 more grant some form of diplomatic status to a Palestinian delegation, falling short of full diplomatic recognition. |
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The following are listed in alphabetical order by region. |
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{{Expand list|date=July 2009}} |
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{{col-begin}} |
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{{col-2}} |
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===Africa=== |
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* [[Algeria]]<ref name="oic">[http://www.sesrtcic.org/members/default.shtml OIC members and Palestine] ''The Statistical, Economic and Social Research and Training Centre for Islamic Countries''<br> [http://english.people.com.cn/200604/14/eng20060414_258351.html OIC members urge recognition of Hamas] ''People's Daily''</ref> |
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* [[Angola]]<ref name=UNESCO/> |
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* [[Benin]]<ref name="oic"/> |
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* [[Botswana]]<ref name=UNESCO/> |
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* [[Burkina Faso]]<ref name="oic"/> |
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* [[Burundi]]<ref name=UNESCO/> |
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* [[Cameroon]]<ref name="oic"/> |
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* [[Cape Verde]]<ref name=UNESCO/> |
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* [[Central African Republic]]<ref name=UNESCO/> |
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* [[Chad]]<ref name="oic"/> |
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* [[Comoros]]<ref name="oic"/> |
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* [[Democratic Republic of the Congo]]<ref name=UNESCO/><ref name=note>The DRC recognized Palestine under its former name of "Zaire".</ref> |
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* [[Djibouti]]<ref name="oic"/> |
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* [[Equatorial Guinea]]<ref name=UNESCO/> |
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* [[Ethiopia]]<ref name="oic"/> |
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* [[Gabon]]<ref name="oic"/> |
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* [[Gambia]]<ref name="oic"/> |
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* [[Ghana]]<ref name="oic"/> |
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* [[Guinea]]<ref name="oic"/> |
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* [[Guinea-Bissau]]<ref name="oic"/> |
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* [[Kenya]]<ref name=UNESCO/> |
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* [[Libya]]<ref name="oic"/> |
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* [[Madagascar]]<ref name=UNESCO/> |
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* [[Mali]]<ref name="oic"/> |
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* [[Mauritania]]<ref name="oic"/> |
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* [[Mauritius]]<ref name=UNESCO/> |
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* [[Morocco]]<ref name="oic"/> |
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* [[Mozambique]]<ref name="oic"/> |
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* [[Namibia]]<ref name=UNESCO/> |
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* [[Niger]]<ref name="oic"/> |
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* [[Nigeria]]<ref name="oic"/> |
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* [[Republic of the Congo]]<ref name=UNESCO/> |
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* [[Rwanda]]<ref name=UNESCO/> |
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* [[São Tomé and Príncipe]]<ref name=UNESCO/> |
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* [[Senegal]]<ref name="oic"/> |
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* [[Sierra Leone]]<ref name="oic"/> |
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* [[Seychelles]]<ref name=UNESCO/> |
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* [[Somalia]]<ref name="oic"/> |
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* [[Sudan]]<ref name="oic"/> |
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* [[Swaziland]]<ref name=Eurp933/> |
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* [[Tanzania]]<ref name=UNESCO/> |
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* [[Togo]]<ref name="oic"/> |
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* [[Tunisia]]<ref name="oic"/> |
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* [[Uganda]]<ref name="oic"/> |
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* [[Zambia]]<ref name=UNESCO/> |
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* [[Zimbabwe]]<ref name=UNESCO/> |
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===Americas=== |
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* [[Argentina]]<ref>http://www.palestina.int.ar/ Retrieved March 20, 2007.</ref> |
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* [[Costa Rica]]<ref name=Costa>{{cite web|title=Israeli diplomat postpones meeting after Costa Rica recognizes Palestinian state|author=[[The Associated Press]]|publisher=[[Haaretz]]|date=February 26, 2008|url=http://www.haaretz.com/hasen/spages/958208.html }}</ref> |
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* [[Cuba]]<ref name=UNESCO/> |
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* [[Nicaragua]]<ref name=UNESCO/> |
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* [[Venezuela]]<ref name=Venezuela>{{cite web|title=English Translation of Letter from Venezuelan Foreign Ministry|url=http://diplomacymonitor.com/stu/dma1.nsf/tr/tt72F6FB6B8DA924A1852575A6000F95D4|publisher=Diplomacy Monitor|date=April 27, 2009}}</ref> |
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{{col-2}} |
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===Asia=== |
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* [[Afghanistan]]<ref name="oic"/> |
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* [[Albania]]<ref name="UNESCO">{{cite web|url=http://unesdoc.unesco.org/images/0008/000827/082711eo.pdf|title=Request for the admission of the State of Palestine to Unesco as a Member State|date=12 May 1989|publisher=[[UNESCO]]|accessdate=2009-08-22}}</ref> |
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* [[Bangladesh]]<ref name="oic"/> |
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* [[Bhutan]]<ref name=UNESCO/> |
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* [[Brunei]]<ref name="oic"/> |
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* [[China]]<ref name=UNESCO/> |
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* [[Democratic People's Republic of Korea]]<ref name=Eurp933/> |
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* [[India]]<ref name=UNESCO/> |
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* [[Indonesia]]<ref name="oic"/> |
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* [[Laos]]<ref name=UNESCO/> |
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* [[Malaysia]]<ref name="oic"/> |
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* [[Maldives]]<ref name="oic"/> |
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* [[Mongolia]]<ref name=UNESCO/> |
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* [[Nepal]]<ref name=UNESCO/> |
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* [[Pakistan]]<ref name="oic"/> |
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* [[Philippines]]<ref>[http://www.gov.ph/directory/main.asp?child=1&sid=393 Diplomatic and Consular Missions > Consulate General of the State of Palestine]. Government of the Philippines. Retrieved March 20, 2007.</ref> |
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* [[Sri Lanka]]<ref name=Eurp933/> |
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* [[Tajikistan]] |
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* [[Turkmenistan]]<ref name="oic"/> |
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* [[Uzbekistan]]<ref name=Uzbek>{{cite web|title=Embassy Listings for Uzbekistan|publisher=Embassy World|accessdate=2009-07-18|url=http://www.embassyworld.com/embassy/Uzbekistan/uzbekistan4.html}}</ref> |
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* [[Vietnam]]<ref>[http://www.mofa.gov.vn/en/bng_vietnam/dscqdd/dt041206142716/view Vietnamese Ministry of Foreign Affairs]. Government of Vietnam. Retrieved March 20, 2007.</ref><ref name=UNESCO/> |
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===Europe=== |
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* [[Albania]]<ref name="oic"/> |
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* [[Austria]]<ref name=UNESCO/> |
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* [[Azerbaijan]]<ref name="oic"/> |
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* [[Belarus]]<ref name=Minsk>{{Cite web|title=Embassy of the State of Palestine|publisher=Kompass|accessdate=2009-07-18|url=http://www.kompass.com/it/BY150045}}</ref> |
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* [[Czech Republic]]<ref name=Czech>{{cite web|url=http://www.mzv.cz/jnp/en/diplomatic_missions/foreign_missions_to_the_czech_republic/palestine_embassy_of_the_state_of.html|title=Palestine: Embassy of the State of Palestine|publisher=Ministry of Foriegn Affairs of the Czech Republic}}</ref> |
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* [[Cyprus]]<ref>[http://www02.mfa.gov.cy/mfa/mfa.nsf/FPBilatrelationsCountries?OpenForm Cypriot Ministry of Foreign Affairs]. Government of Cyprus. Retrieved March 20, 2007.</ref><ref name=UNESCO/> |
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* [[Hungary]]<ref name=UNESCO/> |
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* [[Malta]]<ref name=UNESCO/> |
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* [[Montenegro]]<ref>http://www.mip.vlada.cg.yu/index.php?akcija=vijesti&id=15103 Retrieved March 20, 2007.</ref> |
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* [[Norway]]<ref name=Eurp933/> |
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* [[Poland]]<ref name="oic"/> |
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* [[Romania]]<ref name=UNESCO/> |
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* [[Russia]]<ref name="oic"/> |
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* [[Serbia]]<ref name="oic"/> |
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* [[Slovakia]]<ref name=Slovakia>{{cite web|title=Embassy of the State of Palestine|accessdate=2009-07-18|url=http://www.palestine.sk/about.html}}</ref> |
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* [[Sweden]]<ref name=Eurp933/> |
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* [[Turkey]]<ref name="oic"/> |
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* [[Ukraine]]<ref>[http://www.mfa.gov.ua/mfa/ua/publication/content/1757.htm Ukranian Ministry of Foreign Affairs]. Retrieved March 20, 2007.</ref> |
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===Middle East=== |
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* [[Bahrain]]<ref name="oic"/> |
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* [[Egypt]]<ref name="oic"/> |
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* [[Iran]]<ref name="oic"/> |
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* [[Iraq]]<ref name="oic"/> |
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* [[Jordan]]<ref name="oic"/> |
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* [[Kuwait]]<ref name="oic"/> |
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* [[Lebanon]]<ref name="oic"/> |
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* [[Oman]]<ref name="oic"/> |
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* [[Qatar]]<ref name="oic"/> |
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* [[Saudi Arabia]]<ref name="oic"/> |
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* [[Syria]]<ref name="oic"/> |
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* [[United Arab Emirates]]<ref name="oic"/> |
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* [[Yemen]]<ref name="oic"/> |
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===Other=== |
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* [[Vanuatu]]<ref name=Eurp933/> |
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* [[Vatican City]]<ref name=Eurp933/> |
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{{col-end}} |
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== Countries granting diplomatic status to non-State representatives == |
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States that do not recognize the State of Palestine but allow the PLO to maintain a regional office in their countries are: |
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* [[Belgium]]<ref name=Eurp933/> |
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* [[Brazil]]<ref name=Eurp933/> |
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* [[France]]<ref name=Eurp933/> |
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* [[Germany]]<ref name=Eurp933/> |
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* [[Greece]] (Palestinian General Delegation)<ref name=Eurp933/><ref>http://www.mfa.gr/el-GR/The+Ministry/Structure/Foreign+Authorities+in+Greece/Embasies/</ref> |
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* [[Italy]]<ref name=Eurp933/> |
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* [[Japan]]<ref name=Eurp933/> |
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* [[The Netherlands]]<ref name=Eurp933/> |
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* [[Portugal]]<ref name=Eurp933/> |
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* [[Spain]]<ref name=Eurp933/> |
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* [[Switzerland]]<ref name=Eurp933/> |
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* [[United Kingdom]]<ref name=Eurp933/> |
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The delegations and embassies listed below on the left, are recognized as the representatives of the Palestinian people by the nations listed to their right: |
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* General Delegation of Palestine: [[Republic of Ireland|Ireland]]{{Citation needed|date=October 2007}} |
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* Palestinian Special Delegation: [[Mexico]]<ref>http://www.palestina.com.mx/</ref> |
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==Representation in international organizations== |
==Representation in international organizations== |
Revision as of 19:04, 9 September 2009
Palestine فلسطين Filastin | |
---|---|
Anthem: Biladi adopted 1996 - Mawtiny was adopted from 1936 till 1995 | |
Capital | Jerusalem (القـُدْس) (Designated)1 Ramallah (administrative) |
Largest city | Gaza City2 |
Government | |
Mahmoud Abbas | |
Establishment | |
• Declared | November 15, 1988 |
Population | |
• 2008 (July)2 estimate | 4,148,0002 (124th2) |
GDP (PPP) | 20082 estimate |
• Total | $11.95 billion2 (-) |
• Per capita | $2,9002 (-) |
HDI (2007) | 0.731 Error: Invalid HDI value (106th) |
Currency | Jordanian dinara Egyptian Poundb Israeli shekelc (JOD, EGP, ILS) |
Time zone | UTC+2 ( ) |
• Summer (DST) | UTC+3 ( ) |
Calling code | +9703 |
ISO 3166 code | PS |
Internet TLD | .ps |
|
The State of Palestine (Template:Lang-ar, dawlat filastin), officially simply Palestine (Template:Lang-ar, filastin),[1][2] is a political entity that enjoys limited recognition as a state in Palestine. A Palestinian Declaration of Independence was made by the Palestine Liberation Organization (PLO) on November 15 1988 in a meeting of the Palestine National Council (PNC) in Algiers. The declaration designated Jerusalem as the capital of the state.[3][1][2] Gaza is the largest city in the area administred by the Palestinian National Authority.[2]
About 100 countries have recognized the State of Palestine, which is represented as an observer member at the United Nations by the PLO under the name 'Palestine'.[4][5][6] The Palestinian National Authority (PNA or PA) is an interim administrative body that exercises some governmental functions in parts of the West Bank and the Gaza Strip. Created by the Oslo Accords that were signed between Israel and the PLO, it is not a synonym for the government of Palestine, though it is associated with it. The current President of Palestine is Mahmoud Abbas, serving in his capacity as Chairman of the Palestine Liberation Organization.
Background
As a geographic area, the definition of Palestine has varied throughout history, but currently covers what is the modern state of Israel, the West Bank up to the Jordan River and the section of the Sinai, known as the Gaza Strip.[7] Ruled by the Ottoman Empire (1518-1917), this area became part of Mandate Palestine after the end of World War I.[7] While Palestine's partition into an Arab state and Jewish state were proposed as part of the 1947 United Nations Partition Plan for Palestine, only the Jewish state materialized, adopting the name Israel. Accordingly, Palestine is a country that does not appear on contemporary political maps, but which is very much alive for its people.[7] Many of its people are refugees who comprise a significant segment of the Palestinian diaspora, accounting for why some Palestinians describe Palestine as, "a country in exile."[7] The Palestinian people's struggle for recognition of their, "political rights, including statehood, has made this country-without-a-country, a continuing flashpoint for tensions in the Middle East since the late 1920s."[7]
1988 Declaration
The Palestinian Declaration of Independence was approved by the Palestinian National Council (PNC) in Algiers on November 15, 1988, by a vote of 253 in favour 46 against and 10 abstentions. It was read by Yasser Arafat at the closing session of the 19th PNC to a standing ovation.[8] Upon completing the reading of the declaration, Arafat, as Chairman of the Palestine Liberation Organization assumed the title of "President of Palestine."[9]
Referring to "the historical injustice inflicted on the Palestinian Arab people resulting in their dispersion and depriving them of their right to self-determination," the declaration recalled the Treaty of Lausanne (1923) and UN General Assembly Resolution 181 as supporting the rights of Palestinians and Palestine. The declaration then proclaims a "State of Palestine on our Palestinian territory with its capital Jerusalem".[10][11] The borders of the declared State of Palestine were not specified. By calling for multilateral negotiations on the basis of UN Security Council Resolution 242, which calls for Israeli withdrawal from the territories occupied in 1967, the PNC seemed to be suggesting that it would accept a state in the West Bank and Gaza Strip and that it no longer questioned Israel as a state.[11] The PNC's political communiqué accompanying the declaration called only for withdrawal from "Arab Jerusalem" and the other "Arab territories occupied."[12] Yasser Arafat's statements in Geneva a month later[13][14] were accepted by the United States as sufficient to remove the ambiguities it saw in the declaration and to fulfill the longheld conditions for open dialogue with the United States.[15][16]
As a result of the declaration, the United Nations General Assembly (UNGA) convened, inviting Yasser Arafat, Chairman of the PLO to give an address. An UNGA resolution was adopted "acknowledging the proclamation of the State of Palestine by the Palestine National Council on 15 November 1988," and it was further decided that "the designation 'Palestine' should be used in place of the designation 'Palestine Liberation Organization' in the United Nations system." One hundred and four states voted for this resolution, forty-four abstained, and two - the United States and Israel - voted against.[17]
Shortly after the declaration, the proclaimed "State of Palestine" was recognized by 89 states. The view of the European states, which did not extend full recognition was expressed by French President Francois Mitterand who stated: "Many European countries are not ready to recognize a Palestine state. Others think that between recognition and non-recognition there are significant degrees; I am among these."[17]
Government structure
By the 1988 declaration, the PNC empowered its central council to form a government-in-exile when appropriate, and called upon its executive committee to perform the duties of the government-in-exile until its establishment.[8]
Under the terms of the Oslo Accords signed between Israel and the PLO, the latter assumed control over the Jericho area of the West Bank and the Gaza Strip on 17 May 1994. On September 28, 1995, following the signing of the Israeli-Palestinian Interim Agreement on the West Bank and Gaza Strip, Israeli military forces withdrew from the West Bank towns of Nablus, Ramallah, Jenin, Tulkarem, Qalqilya and Bethlehem. In December 1995, the PLO also assumed responsibility for civil administration in 17 areas in Hebron.[18] While the PLO assumed these responsibilities as a result of Oslo, a new temporary interim administrative body was set up as a result of the Accords to carry out these functions on the ground: the Palestinian National Authority (PNA).
An analysis outlining the relationship between the PLO, the PNA (or PA), Palestine and Israel in light of the interim arrangements set out in the Oslo Accords begins by stating that, "Palestine may best be described as a transitional association between the PA and the PLO." It goes on to explain that this transitional association accords the PA responsibility for local government and the PLO responsibility for representation of the Palestinian people in the international arena, while prohibiting it from concluding international agreements that affect the status of the occupied territories. This situation is said to be accepted by the Palestinian population insofar as it is viewed as a temporary arrangement.[19]
Legal status
There are a wide variety of views regarding the status of the State of Palestine, both among the states of the international community and among legal scholars and there is no consensus as to its legal status.
Alex Takkenberg writes that while "[...] there is no doubt that the entity 'Palestine' should be considered a state in statu nascendi and although it is increasingly likely that the ongoing peace process will eventually culminate in the establishment of a Palestinian state, it is premature to conclude that statehood, as defined by international law, is at present (spring 1997) firmly established."[20] Referring to the four criteria of statehood, as outlined in the 1933 Montevideo Convention - that is, a permanent population, a defined territory, government and the capacity to enter into relations with other states - Takkenberg states that the entity known as Palestine does not fully satisfy this criteria.[20]
Conversely, John V. Whitbeck writes that "[...] the State of Palestine already exists," and that when, "Judged by these customary criteria [those of the Montevideo Convention], the State of Palestine is on at least as firm a legal footing as the State of Israel." He continues: "The weak link in Palestine's claim to already exist as a state was, until recently, the fourth criterion, "effective control. [...] Yet a Palestinian executive and legislature, democratically elected with the enthusiastic approval of the international community, now exercises 'effective control' over a portion of Palestinian territory in which the great majority of the state's population lives. It can no longer be seriously argued that Palestine's claim to exist falls at the fourth and final hurdle."[21]
For John Quigley, Palestine's existence as a state predates the 1988 declaration. Tracing Palestine's status as an international entity back to the collapse of the Ottoman Empire after World War I, he recalls that the Palestine Mandate (1918-1948), an arrangement made under Article 22 of the Covenant of the League of Nations, held as its "ultimate objective", the "self-determination and independence of the people concerned." He suggests that in explicitly referring to the Covenant, the 1988 declaration was reaffirming an existing Palestinian statehood. Noting that Palestine under the Mandate entered into bilateral treaties, including one with Great Britain, the Mandatory power, he cites this as an example of its "sovereignty" at that time.[17]
States that recognize Palestine
More than 100 states recognize the State of Palestine[22], and 20 more grant some form of diplomatic status to a Palestinian delegation, falling short of full diplomatic recognition.
The following are listed in alphabetical order by region.
Countries granting diplomatic status to non-State representatives
States that do not recognize the State of Palestine but allow the PLO to maintain a regional office in their countries are:
- Belgium[26]
- Brazil[26]
- France[26]
- Germany[26]
- Greece (Palestinian General Delegation)[26][39]
- Italy[26]
- Japan[26]
- The Netherlands[26]
- Portugal[26]
- Spain[26]
- Switzerland[26]
- United Kingdom[26]
The delegations and embassies listed below on the left, are recognized as the representatives of the Palestinian people by the nations listed to their right:
- General Delegation of Palestine: Ireland[citation needed]
- Palestinian Special Delegation: Mexico[40]
Representation in international organizations
Organisation of the Islamic Conference
Palestine is a member of the international Organisation of the Islamic Conference (OIC) and the Islamic Development Bank, an international financial institution set up for member states.[41]
Application to the WHO
The PLO, who holds observer status at the World Health Organization (WHO), applied for full membership status for the State of Palestine in 1989. The United States, which provided one-quarter of the WHO's funding at the time, informed the WHO that its funding would be withheld if Palestine was admitted as a member state. Yasser Arafat described the US statement as "blackmail". The PLO was asked to withdraw its application by the WHO director general. The WHO subsequently voted to postpone consideration of the application and no action or decision on the application was ever taken.[17] John Quigley writes that Palestine's efforts to gain membership in several international organizations connected to the United Nations was frustrated by US threats to withhold funding from any organization that admitted Palestine.[42]
Arab League
Palestine is a member of the Arab League. Represented there since 1964 by the Palestine Liberation Organization, after the 1988 declaration of statehood, its status was upgraded to full membership under the name 'Palestine' with the Chairman of the Palestine Liberation Organization serving as 'president of Palestine'.[43]
Other memberships
Palestine is a member state in a number of international organizations. In others, it enjoys affiliation in a lesser capacity or under another designation (such as PLO or Occupied Palestinian Territory). In the list below, if the membership is not full or not for the state of Palestine, the type and name of affiliation is denoted in parentheses.
- Arab Fund for Economic and Social Development (AFESD)
- Arab Monetary Fund (AMF)
- Council of Arab Economic Unity (CAEU)
- FIFA (Asian Football Confederation (AFC)
- Group of 77 (G77)
- International Olympic Committee (IOC)
- International Trade Union Confederation (ITUC) (affiliate member
- International Telecommunication Union (ITU) (non-voting observer status)
- International Organization for Standardization (ISO) (representation for 'Occupied Palestinian Territory' equivalent to that of a state)
- International Paralympic Committee (IPC)
- International Federation of Red Cross and Red Crescent Societies (IFRC)
- International Committee of the Red Cross (ICRC)
- Organization of African Unity (OAS)
- Non-Aligned Movement (NAM)
- United Nations (UN) (permanent observer with special privileges) (current representative:Riyad H. Mansour)
- UNESCO (observer status)
- Asian Group of the United Nations
- United Nations Economic and Social Commission for Western Asia (UNESCWA)
- Universal Postal Union (UPU) (special observer status)
- World Intellectual Property Organization (WIPO)
Palestinian passport
Since April 1995, a Palestinian passport has been available to Palestinian residents of the Gaza Strip and Jericho. By September 1995, recognition of the passport was granted by 29 states: Algeria, Bahrain, Bulgaria, People's Republic of China, Cyprus, Egypt, France, Germany, Greece, India, Iran, Israel, Jordan, Malta, Morocco, the Netherlands, Pakistan, Qatar, Romania, Saudi Arabia, South Africa, Spain, Sweden, Switzerland, Tunisia, Turkey, the United Arab Emirates, the United Kingdom, and the USA.[26]
See also
- Proposals for a Palestinian state
- Palestinian Declaration of Independence
- Palestinian National Authority
References
- ^ a b Bissio, 1995, p. 433.
- ^ a b c Page, 2004, p. 161.
- ^ The Palestine Basic Law, approved by the PLC in May 2002, states unambiguously "Jerusalem is the Capital of Palestine" (source: [1]). Ramallah is the administrative capital and the location of government institutions as well as the foreign representative offices of Australia, Brazil, Canada) Colombia, Czech Republic, Denmark, Finland, Germany, Malta, the Netherlands, South Africa, and Switzerland. Jerusalem's final status awaits future negotiations between Israel and the Palestinian Authority (see "Negotiating Jerusalem", University of Maryland). The United Nations and most countries do not accept Israel's claim over the whole of Jerusalem (see Kellerman 1993, p. 140 ) and maintain their embassies to Israel in other cities (see the CIA Factbook).
- ^ Watson, 2000, p. 62.
- ^ Institute for Middle East Understanding (IMEU): 3.10 - How many countries recognize Palestine as a state?
- ^ Palestinian National Authority Recognition of the State of Palestine after its proclamation by the PNC meeting in Algiers in November 1988
- ^ a b c d e Rubin, 1999, p. 186.
- ^ a b Sayigh, 1999, p. 624.
- ^ Silverburg, 2002, p. 198.
- ^ Silverburg, 2002, p. 42.
- ^ a b Quigley, 2005, p. 212.
- ^ Political communique Palestine National Council. Algiers, November 15, 1988. Official translation.
- ^ Yasser Arafat, Speech at UN General Assembly Geneva, General Assembly 13 December 1988 - Le Monde Diplomatique
- ^ Arafat Clarifies Statement to Satisfy U.S. Conditions for Dialogue, 14 December 1988 - Jewish Virtual Library
- ^ Rabie, Mohamed (Summer,1992). "The U.S.-PLO Dialogue: The Swedish Connection". Journal of Palestine Studies. 21 (4): 54–66. Retrieved 2007-07-01.
{{cite journal}}
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(help) - ^ Quandt, William B. (1993). Peace Process: American Diplomacy and the Arab-Israeli conflict since 1967. Washington: Brookings Institution. pp. 367–375, 494. ISBN 0-520-08390-3.
- ^ a b c d "THE PALESTINE DECLARATION TO THE INTERNATIONAL CRIMINAL COURT: THE STATEHOOD ISSUE". Rutgers Law Record. May 6, 2009. Retrieved 2009-07-19.
- ^ Eur, 2004, p. 905.
- ^ Dajani in Brownlie et al., 1999, p. 121.
- ^ a b Takkenberg, 1998, p. 181.
- ^ "The Palestinian State Exists". Palestine-Israel Journal of Politics, Economic and Culture. 3 (2). 1996. Retrieved 2009-08-05.
- ^ European Journal of International Law "The Creation of the State of Palestine"
- ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an ao ap aq ar as at au av aw ax ay az ba bb OIC members and Palestine The Statistical, Economic and Social Research and Training Centre for Islamic Countries
OIC members urge recognition of Hamas People's Daily - ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag "Request for the admission of the State of Palestine to Unesco as a Member State" (PDF). UNESCO. 12 May 1989. Retrieved 2009-08-22.
- ^ The DRC recognized Palestine under its former name of "Zaire".
- ^ a b c d e f g h i j k l m n o p q r s t Eur, 2004, p. 933.
- ^ http://www.palestina.int.ar/ Retrieved March 20, 2007.
- ^ The Associated Press (February 26, 2008). "Israeli diplomat postpones meeting after Costa Rica recognizes Palestinian state". Haaretz.
- ^ "English Translation of Letter from Venezuelan Foreign Ministry". Diplomacy Monitor. April 27, 2009.
- ^ Diplomatic and Consular Missions > Consulate General of the State of Palestine. Government of the Philippines. Retrieved March 20, 2007.
- ^ "Embassy Listings for Uzbekistan". Embassy World. Retrieved 2009-07-18.
- ^ Vietnamese Ministry of Foreign Affairs. Government of Vietnam. Retrieved March 20, 2007.
- ^ "Embassy of the State of Palestine". Kompass. Retrieved 2009-07-18.
- ^ "Palestine: Embassy of the State of Palestine". Ministry of Foriegn Affairs of the Czech Republic.
- ^ Cypriot Ministry of Foreign Affairs. Government of Cyprus. Retrieved March 20, 2007.
- ^ http://www.mip.vlada.cg.yu/index.php?akcija=vijesti&id=15103 Retrieved March 20, 2007.
- ^ "Embassy of the State of Palestine". Retrieved 2009-07-18.
- ^ Ukranian Ministry of Foreign Affairs. Retrieved March 20, 2007.
- ^ http://www.mfa.gr/el-GR/The+Ministry/Structure/Foreign+Authorities+in+Greece/Embasies/
- ^ http://www.palestina.com.mx/
- ^ Taylor & Francis group and Lucy Dean, 2003, p. 1328.
- ^ Quigley, 1990, p. 231.
- ^ Takkenberg, 1998, pp. 136-138.
Bibliography
- Roberto Remo Bissio, ed. (1995). The world: a Third World guide 1995-96 (Illustrated ed.). Instituto del Tercer Mundo. ISBN 0855982918, 9780855982911.
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value: invalid character (help) - Brownlie, Ian; Goodwin-Gill, Guy S.; Talmon, Stefan; Jennings, Robert (1999), The reality of international law: essays in honour of Ian Brownlie (Illustrated, reprint ed.), Oxford University Press, ISBN 0198268378, 9780198268376
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value: invalid character (help) - The Middle East and North Africa 2004 (50th, illustrated ed.), Routledge, 2004, ISBN 1857431847, 9781857431841
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value: invalid character (help) - Hillier, Tim, [1998 Sourcebook on public international law] (Illustrated ed.), Routledge, ISBN 1859410502, 9781859410509
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value (help) - Osmańczyk, Edmund Jan; Mango, Anthony (2003), Encyclopedia of the United Nations and international agreements (3rd ed.), Taylor & Francis, ISBN 0415939216, 9780415939218
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value: invalid character (help) - Kogan Page (2004). Middle East Review (27th, illustrated ed.). ISBN 074944066X, 9780749440664.
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value: invalid character (help); Text "Kogan Page Publishers" ignored (help) - Taylor & Francis Group; Dean, Lucy (2003), The Middle East and North Africa 2004: 2004 (Illustrated ed.), Routledge, ISBN 1857431847, 9781857431841
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value: invalid character (help) - Quigley, John B. (2005), The case for Palestine: an international law perspective (2nd, revised ed.), Duke University Press, ISBN 0822335395, 9780822335399
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value: invalid character (help) - Rubin, Don (1999). The World Encyclopedia of Contemporary Theatre: The Arab world (Illustrated, reprint ed.). Taylor & Francis. ISBN 0415059321, 9780415059329.
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value: invalid character (help) - Sayigh, Yezid (1999), Armed Struggle and the Search for State: The Palestinian National Movement, 1949-1993 (Illustrated ed.), Oxford University Press, ISBN 0198296436, 9780198296430
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value: invalid character (help) - Silverburg, Sanford R. (2002), Palestine and International Law: Essays on Politics and Economics, Jefferson, N.C: McFarland & Co, ISBN 0-7864-1191-0
- Takkenberg, Alex (1998), The status of Palestinian refugees in international law (Illustrated ed.), Oxford University Press, ISBN 0198265905, 9780198265900
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value: invalid character (help) - Watson, Geoffrey R. (2000), The Oslo Accords: international law and the Israeli-Palestinian peace agreements (Illustrated ed.), Oxford University Press, ISBN 0198298919, 9780198298915
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