The Resolution As A Legal Basis For Palestinian Statehood
In 1988, the Palestine Liberation Organization published the Palestinian Declaration of Independence relying on Resolution 181, arguing that the resolution continues to provide international legitimacy for the right of the Palestinian people to sovereignty and national independence. A number of scholars have written in support of this view.
A General Assembly request for an advisory opinion, Resolution ES-10/14 (2004), specifically cited resolution 181(II) as a "relevant resolution", and asked the International Court of Justice (ICJ) what are the legal consequences of the relevant Security Council and General Assembly resolutions? Judge Abdul Koroma explained the majority opinion: "The Court has also held that the right of self-determination as an established and recognized right under international law applies to the territory and to the Palestinian people. Accordingly, the exercise of such right entitles the Palestinian people to a State of their own as originally envisaged in resolution 181 (II) and subsequently confirmed." In response, Prof. Paul De Waart said that the Court put the legality of the 1922 League of Nations Palestine Mandate and the 1947 UN Plan of Partition beyond doubt once and for all.
Read more about this topic: United Nations Partition Plan For Palestine
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