UN recognition of Palestinian statehood: constitutive or declaratory?
It is necessary to clarify the legal
effect of UN recognition of Palestine as a “State”. In other words, does the
recognition establish a Palestinian State, or merely acknowledge an already
existing State?
To put it straightforward: a UN
recognition does not establish a State, but rather acknowledges an
already existing fact on the ground; the State of Palestine. Therefore, if
a resolution is passed at the UN General Assembly, it would merely recognize
the existence of the State of Palestine.
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