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
3 - 1947: The UN Plan of Partition for Palestine
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 revisits UN General Assembly resolution 181(II) recommending the partition of Palestine. It undertakes critical international legal analysis of the resolution with reference to the work of the United Nations Special Committee on Palestine whose report formed the basis of the resolution. Contrary to the traditional historiography, this chapter posits that the resolution was neither procedurally ultra vires the General Assembly, nor were its terms substantively consistent with prevailing international law as regards self-determination of peoples. Set against the larger context of the international legal status of Palestine from WWI to the end of the British Mandate, this chapter argues that resolution 181(II) was the opening act in the reification of Palestine’s legal subalternity within the newly minted UN system. It demonstrates that the resolution was an embodiment, in legal terms, of the lingering tension between the rule by law of late-European empire and the ostensible rule of law of the post-WWII era. It also shows that the resolution helped hasten the dissolution of Palestine and the dispersal of its people, the consequences of which remain with us today.
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- The United Nations and the Question of PalestineRule by Law and the Structure of International Legal Subalternity, pp. 52 - 109Publisher: Cambridge University PressPrint publication year: 2023