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Palestine's Ratification of International Treaties: A Back Door to Independence?

Persson, Victor LU (2016) JURM02 20161
Department of Law
Abstract
The State of Palestine is drafting a new constitution to replace a patchwork of foreign and outdated legislation, and to harmonise national law with dozens of ratified international treaties. Since its 2012 ascension from non-member observer ‘entity’ to non-member observer ‘state’ in the UN, Palestine has signed fifty-five multilateral treaties covering a wide range of areas. All treaties have been signed without any reservations, which is claimed to be a deliberate expression of Palestine’s commitment to becoming a respected member of the international community, adhering to international law, and setting an example as a progressive state promoting human rights and equality in the Middle East.

Palestine is trying to define how to... (More)
The State of Palestine is drafting a new constitution to replace a patchwork of foreign and outdated legislation, and to harmonise national law with dozens of ratified international treaties. Since its 2012 ascension from non-member observer ‘entity’ to non-member observer ‘state’ in the UN, Palestine has signed fifty-five multilateral treaties covering a wide range of areas. All treaties have been signed without any reservations, which is claimed to be a deliberate expression of Palestine’s commitment to becoming a respected member of the international community, adhering to international law, and setting an example as a progressive state promoting human rights and equality in the Middle East.

Palestine is trying to define how to implement international treaties, and how they should relate to national legislation. This thesis aims to learn the strategy behind the ratification of treaties, and which procedure of implementation would best accommodate Palestine’s goals of independence, international reputation and legal sovereignty. The thesis examines the legal and political history of Palestine, the definitions of statehood, the relation between international and national law and the hierarchy of norms. A brief comparison is made with six other states to see how they regulate the implementation and the application of international treaty law.

The author reaches the conclusion that ratifying international treaties strengthens Palestine’s claim for statehood through recognition, which in turn increases pressure for independence on its occupier, Israel. But due to the current suspension of the parliament, Palestine must choose either to postpone the implementation process or implement the treaties by presidential decree. Postponing the implementation would raise doubts on Palestine’s commitment to follow its new international obligations. Implementing international law by presidential decree on the other hand is an undemocratic legislative procedure. None of these options are optimal, but one must be chosen. (Less)
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author
Persson, Victor LU
supervisor
organization
course
JURM02 20161
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
public international law, legal history, palestine, treaty law, independence, international treaties, hierarchy of norms, harmonisation
language
English
id
8873670
date added to LUP
2016-06-10 14:41:09
date last changed
2016-06-10 14:41:09
@misc{8873670,
  abstract     = {The State of Palestine is drafting a new constitution to replace a patchwork of foreign and outdated legislation, and to harmonise national law with dozens of ratified international treaties. Since its 2012 ascension from non-member observer ‘entity’ to non-member observer ‘state’ in the UN, Palestine has signed fifty-five multilateral treaties covering a wide range of areas. All treaties have been signed without any reservations, which is claimed to be a deliberate expression of Palestine’s commitment to becoming a respected member of the international community, adhering to international law, and setting an example as a progressive state promoting human rights and equality in the Middle East.

Palestine is trying to define how to implement international treaties, and how they should relate to national legislation. This thesis aims to learn the strategy behind the ratification of treaties, and which procedure of implementation would best accommodate Palestine’s goals of independence, international reputation and legal sovereignty. The thesis examines the legal and political history of Palestine, the definitions of statehood, the relation between international and national law and the hierarchy of norms. A brief comparison is made with six other states to see how they regulate the implementation and the application of international treaty law.

The author reaches the conclusion that ratifying international treaties strengthens Palestine’s claim for statehood through recognition, which in turn increases pressure for independence on its occupier, Israel. But due to the current suspension of the parliament, Palestine must choose either to postpone the implementation process or implement the treaties by presidential decree. Postponing the implementation would raise doubts on Palestine’s commitment to follow its new international obligations. Implementing international law by presidential decree on the other hand is an undemocratic legislative procedure. None of these options are optimal, but one must be chosen.},
  author       = {Persson, Victor},
  keyword      = {public international law,legal history,palestine,treaty law,independence,international treaties,hierarchy of norms,harmonisation},
  language     = {eng},
  note         = {Student Paper},
  title        = {Palestine's Ratification of International Treaties: A Back Door to Independence?},
  year         = {2016},
}