(The) legal consequences of limited statehood : Palestine in multilateral frameworks

목차 (Table of Contents)

• CONTENTS
• Acknowledgments = xii
• List of tables = xiv
• List of maps = xv
• List of acronyms = xvi
• List of international instruments = xix
• List of international documents = xxiii
• Abstract of the book = xxvii
• 1 Limited statehood in multilateral frameworks = 1
• 1.1 General introduction = 1
• 1.2 Why Palestine? = 6
• 1.3 Research questions = 7
• 1.4 Objectives and structure of the book = 9
• 1.5 The statehood question of Palestine = 11
• References = 12
• PART Ⅰ Palestine in international organizations = 15
• References = 16
• 2 Preliminary examinations on admissions to international organizations = 17
• 2.1 Admissions to international organizations = 17
• 2.2 Rejection of implicit statehood = 18
• 2.3 Rejection of collective recognition = 20
• 2.4 Concluding observations = 24
• References = 25
• 3 Palestine in the UN : the status of the non-member observer State and its consequences = 26
• 3.1 Introduction = 26
• 3.2 Historical background : Palestine's status in the UN until Resolution 67／19 = 27
• 3.3 Does UN General Assembly Resolution 67／19 create a fully-fledged State of Palestine? = 33
• 3.3.1 First argument : the term "State" may be taken to mean a fully-fledged State = 33
• 3.3.2 Second argument : treating Palestine as an observer State may be binding upon all UN Member States = 35
• 3.3.3 Third argument : those who voted for Resolution 67／19 must treat Palestine as a State = 36
• 3.4 The consequences of the non-member observer State-status of Palestine = 38
• 3.5 Conclusion = 41
• References = 42
• 4 Palestine in one of the specialized agencies of the UN : Palestine's admission to UNESCO and its consequences = 44
• 4.1 Introduction = 44
• 4.2 Three hypotheses for the UNESCO admission clause = 45
• 4.3 State in the UNESCO admission clause = 46
• 4.3.1 The interpretation of the term "State" in the UNESCO admission clause = 50
• 4.3.2 The practice of UNESCO in admitting Member States within the scope of Article 11(2) of its Constitution = 52
• 4.4 The admission of Palestine as a Member State by UNESCO = 58
• 4.4.1 Palestine's commitment and ability to carry out the functions of UNESCO = 58
• 4.4.2 Voting record on Palestine's admission to UNESCO = 61
• 4.4.3 Concluding observations = 64
• 4.5 The consequences of Palestine's admission to UNESCO = 65
• 4.5.1 Palestine's relationship with opposing Member States after its admission = 65
• 4.5.2 Palestine's accession to UNESCO treaties and their significant consequences = 67
• 4.5.3 The entrance ticket of Palestine to Vienna Formula treaties = 69
• 4.5.4 Political consequences of Palestine's adm ission to UNESCO = 70
• 4.6 Conclusion = 74
• References = 76
• PART Ⅱ Palestine in multilateral treaties = 79
• References = 80
• 5 Palestine's accession to multilateral treaties : the circumvention of the statehood question by the depositary = 81
• 5.1 Introduction = 81
• 5.2 Depositaries' acceptance of the Palestinian instruments of accession = 82
• 5.3 Multilateral treaties deposited with the UN Secretary-General = 83
• 5.3.1 The "Vienna" clause = 85
• 5.3.2 All／any States clause = 85
• 5.3.3 Concluding observations = 86
• 5.4 Multilateral treaties deposited with national Governments = 86
• 5.4.1 The Geneva Conventions and their additional protocols = 87
• 5.4.2 The Hague Conventions and the Permanent Court of Arbitration = 90
• 5.4.2.1 The "subsequent agreement"for accession to the 1907 Hague Convention for the Pacific Settlement = 91
• 5.4.2.2 The role of the depositary : absence of institutional guidelines = 94
• 5.4.2.3 The PCA Council has no authority to suspend Palestine's accession = 96
• 5.4.2.4 Concluding observations = 97
• 5.4.3 Multiple national Governments as depositaries : theNPTandBWC = 98
• 5.5 Conclusion = 100
• References = 100
• 6 Consequences of Palestine's accession to multilateral treaties : legal relationships, dispute settlements, and functions of a limited State = 102
• 6.1 Introduction = 102
• 6.2 Consequences for different groups of State Parties = 103
• 6.2.1 Consequences for "silent States" : silence may be seen as an acquiescence = 103
• 6.2.2 Consequences of "purported" accessions for opposing States = 105
• 6.3 Dispute settlements : Palestine against the United States and Israel = 108
• 6.3.1 Palestine at the gates of the ICJ : Palestine against the United States = 109
• 6.3.2 Palestine's inter-State complaint against the State of Israel = 115
• 6.4 Acting like a State = 119
• 6.4.1 Substantive functions = 120
• 6.4.2 Procedural functions = 121
• 6.4.2.1 Submitting national reports = 121
• 6.4.2.2 Participating in treaties conferences = 122
• 6.5 Conclusion = 123
• References = 123
• 7 The challenges for Palestine's participation as a State in multilateral frameworks : imbalance, occupation, and the perceived threat to the peace process = 126
• 7.1 Introduction = 126
• 7.2 Imbalanced participation in multilateral frameworks = 126
• 7.2.1 Disadvantages compared to a formal State = 127
• 7.2.2 Advantages compared to a formal State = 127
• 7.3 Palestine as occupied territory = 129
• 7.3.1 The requisite of effective control = 130
• 7.3.2 Difficulties in implementing treaties' provisions as a result of the occupation = 132
• 7.4 Perceived threat to the peace process in the Middle East = 134
• 7.5 Concluding observations = 138
• References = 139
• 8 Conclusion = 142
• 8.1 Limited statehood = 142
• 8.2 The limited statehood- of Palestine in multilateral frameworks = 143
• 8.3 The legal consequences of limited statehood and the circumvention of the statehood question of Palestine = 144
• 8.3.1 Confirmation of the general findings : observer State does not imply statehood = 145
• 8.3.2 Limited statehood of Palestine in international organizations = 146
• 8.3.3 Limited statehood of Palestine in multilateral treaties = 147
• 8.4 Legal consequences of limited, statehood of Palestine in multilateralframeworks = 149
• 8.4.1 The contrast of what Palestine could do before and after its admission or accession = 149
• 8.4.1.1 Palestine's international legal capacity = 149
• 8.4.1.2 Asserting sovereign rights over the Palestinian territory = 150
• 8.4.1.3 Settling disputes in the international arena = 150
• 8.4.2 Palestine's legal relationships with different groups of State Parties = 151
• 8.5 Final remarks : abandoning the traditional requisites of statehood? = 152
• References = 153
• Annex 1 tables = 154
• Annex 2 Maps of Palestine = 197
• Index = 199