Friday, November 4, 2011

Palestinian statehood must come about by the democratic will of the people | Guy Goodwin-Gill

6:37 AM | Posted by Free Game Zone | | Edit Post

The international community has a legal and political interest in actually representing the people of Palestine to the UN

In August 2011, I developed an opinion on certain legal issues related to the theme of "popular representation" to the extent that might arise in the context of pressure for the Palestinian State to be admitted as a member of the United Nations (click to see the updated document here). The opinion provoked considerable comment, even by those who admitted to not having read it, but the overall result seems to have been an interesting debate on the relationship between the state of the state, members of the UN and Representation of the People of Palestine.

A central question is whether the "democratic representation" states include any question of international law. In this case, we are on the threshold of regulatory changes, and the question of Palestine has certain unique dimensions, how they are treated in turn can contribute to how the law develops in the future

had long recognized the right to self-determination of all Palestinians, the international community has a clear legal and political interest is represented at the UN. This does not mean that you are entitled to impose a system of government and representation in the State of Palestine as it moves towards membership of the UN. On the contrary, has a legitimate interest in seeking evidence of the connection between representation and the exercise of popular will.

representing the state - in a society shaped by the principles of sovereignty and non-intervention - long considered out of reach of international law. "Effective governance" and the independence of the others were what counted, with the acceptance or recognition by governments of other states.

For the people of Palestine, these issues come together in a way that, internally displaced persons since 1948 and their descendants make up more than half of all Palestinians. The General Assembly has repeatedly stressed that "the Palestinian people is the main stakeholder in the issue of Palestine" and never made any distinction on the basis of residence. Therefore, the people of Palestine as a whole they have the right to return and right to self determination. In practice, states often appear and are accepted at the ongoing conflict, or during the chaos that followed the construction of the state. What is different in the case Palestine, however, is the focus for both the return and self-determination.

also things before, and international law is no different. Over the last 15 to 20 years, states and international organizations have begun to revise assumptions about sovereignty, and whether the right to represent a state may depend on the international level should be a clear link to a valid expression the people's will.
  • For its part, the Human Rights Committee has confirmed the relationship between elections and representative democracy, since it is implicit in article 25 of the 1966 International Covenant on Civil and policy states that officials in power are accountable government through the electoral process for the exercise of that power.
The decision to increase the Palestinian presence in the UN "State", however, carries the risk of fragmentation - where the state represents the people in the United Nations and the PLO represents the people outside the UN. This division of the representation would be contrary to the status quo and that the original intention of the international community to recognize the PLO. The challenge is to maintain unity in these unique circumstances. This is done by the PLO as the representative of the State at the UN? It could be done if the correct form of words can be found. Ultimately, however, is the people's will, and any substantial change in the current institutional arrangements for rendering calls for adoption through an expression of popular will.

In recent years, many international, regional and non-governmental organizations have worked to flesh this mean, as a matter of international law obliges states to follow the path of free and fair. Is there a reason why, in the case of Palestine, none of this can I expect? Can the mechanisms are not designed and implemented to ensure free participation of the Palestinian people to determine their future system of governance and, in the short term, the nature and composition of their representation at the international level?


Find best price for : --Palestinian--

0 comments:

Post a Comment

Subscribe to: Post Comments (Atom)

Blog Archive

Blogger Template created with Artisteer.