
Book contents
- The United Nations and the Question of Palestine
- The United Nations and the Question of Palestine
- Copyright page
- Dedication
- Contents
- Maps
- Foreword
- Preface
- Acknowledgements
- Table of Cases
- Table of Treaties and International Instruments
- Abbreviations
- 1 Introduction
- 2 The Interwar Period
- 3 1947: The UN Plan of Partition for Palestine
- 4 1948 and After: The UN and the Palestinian Refugees
- 5 1967 and After: The UN and the Occupied Palestinian Territory
- 6 2011 and After: Membership of Palestine in the UN
- 7 Conclusion
- Postscript
- Index
6 - 2011 and After: Membership of Palestine in the UN
Published online by Cambridge University Press: 16 November 2023
- The United Nations and the Question of Palestine
- The United Nations and the Question of Palestine
- Copyright page
- Dedication
- Contents
- Maps
- Foreword
- Preface
- Acknowledgements
- Table of Cases
- Table of Treaties and International Instruments
- Abbreviations
- 1 Introduction
- 2 The Interwar Period
- 3 1947: The UN Plan of Partition for Palestine
- 4 1948 and After: The UN and the Palestinian Refugees
- 5 1967 and After: The UN and the Occupied Palestinian Territory
- 6 2011 and After: Membership of Palestine in the UN
- 7 Conclusion
- Postscript
- Index
Summary
This chapter critically examines Palestine’s unsuccessful 2011 UN membership bid. It examines the report of the UN Committee on the Admission of New Members which, under US pressure, could not unanimously recommend Palestine’s membership to the Security Council after examining whether Palestine satisfied the criteria for membership as set out in article 4(1) of the UN Charter. Propelled by this unsuccessful bid, Palestine turned to the General Assembly which upgraded its status to that of a non-Member Observer State in 2012. Although the legal consequences of this upgrade have been considerable, including allowing the State of Palestine to accede to a host of international treaties and multilateral organizations, its juxtaposition against the refusal of the Committee on the Admission of New Members to recommend membership to the Security Council in accordance with the international rule of law is demonstrative, yet again, of the international rule by law principle at work. Although the UN has allowed for a gradual and qualified recognition of Palestinian legal subjectivity over time, its failure to provide the legal and political foundation upon which those rights may actually be realized, namely membership in the Organization, has continued to disenfranchise Palestine and its people.
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- The United Nations and the Question of PalestineRule by Law and the Structure of International Legal Subalternity, pp. 217 - 254Publisher: Cambridge University PressPrint publication year: 2023