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Home Strategic Assessment A Palestinian State: Legal Implications and Significance for Israel

A Palestinian State: Legal Implications and Significance for Israel

Research Forum | January 2013
Pnina Sharvit Baruch
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a palestinian state: legal implications and significance for israel. on november 29, 2012, the united nations general assembly voted to grant palestine the status of non-member observer state. legally speaking, such a decision cannot create a state because recognition of statehood is declarative rather than constitutive. nonetheless, on a practical level, the growing recognition of palestine as a state by many important states, as well as the un general assembly, will ultimately influence whether or not such a state exists, and will therefore in the long run also have a direct impact on israel’s freedom of conduct in the palestinian arena. this article analyzes the legal implications of palestinian statehood for the domestic arena, i.e., relations between israel and the palestinians, and on the international arena, and concludes that legal ramifications of the establishment of a palestinian state seem to be limited, at least during the initial stage. nevertheless, as long as there is no progress in the negotiations between the sides, the pressure on israel to allow more freedom of action to the palestinian authorities and to curtail its own activities in the territory of the palestinian state is likely to increase.
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a palestinian state: legal implications and significance for israel. on november 29, 2012, the united nations general assembly voted to grant palestine the status of non-member observer state. legally speaking, such a decision cannot create a state because recognition of statehood is declarative rather than constitutive. nonetheless, on a practical level, the growing recognition of palestine as a state by many important states, as well as the un general assembly, will ultimately influence whether or not such a state exists, and will therefore in the long run also have a direct impact on israel’s freedom of conduct in the palestinian arena. this article analyzes the legal implications of palestinian statehood for the domestic arena, i.e., relations between israel and the palestinians, and on the international arena, and concludes that legal ramifications of the establishment of a palestinian state seem to be limited, at least during the initial stage. nevertheless, as long as there is no progress in the negotiations between the sides, the pressure on israel to allow more freedom of action to the palestinian authorities and to curtail its own activities in the territory of the palestinian state is likely to increase.

On November 29, 2012, the United Nations General Assembly voted to grant Palestine the status of non-member observer state. Legally speaking, such a decision cannot create a state because recognition of statehood is declarative rather than constitutive. Nonetheless, on a practical level, the growing recognition of Palestine as a state by many important states, as well as the UN General Assembly, will ultimately influence whether or not such a state exists, and will therefore in the long run also have a direct impact on Israel’s freedom of conduct in the Palestinian arena. This article analyzes the legal implications of Palestinian statehood for the domestic arena, i.e., relations between Israel and the Palestinians, and on the international arena, and concludes that legal ramifications of the establishment of a Palestinian state seem to be limited, at least during the initial stage. Nevertheless, as long as there is no progress in the negotiations between the sides, the pressure on Israel to allow more freedom of action to the Palestinian authorities and to curtail its own activities in the territory of the Palestinian state is likely to increase.


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  • Research

    • Topics
      • Israel and the Global Powers
      • Israel-United States Relations
      • Glazer Israel-China Policy Center
      • Russia
      • Europe
      • Iran and the Shi'ite Axis
      • Iran
      • Lebanon and Hezbollah
      • Syria
      • Yemen and the Houthi Movement
      • Iraq and the Iraqi Shiite Militias
      • Conflict to Agreements
      • Israeli-Palestinian Relations
      • Hamas and the Gaza Strip
      • Peace Agreements and Normalization in the Middle East
      • Saudi Arabia and the Gulf States
      • Turkey
      • Egypt
      • Jordan
      • Israel’s National Security Policy
      • Military and Strategic Affairs
      • Societal Resilience and the Israeli Society
      • Jewish-Arab Relations in Israel
      • Climate, Infrastructure and Energy
      • Terrorism and Low Intensity Conflict
      • Cross-Arena Research
      • Data Analytics Center
      • Law and National Security
      • Advanced Technologies and National Security
      • Cognitive Warfare
      • Economics and National Secutiry
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      • Contemporary Antisemitism in the United States
      • Perceptions about Jews and Israel in the Arab-Muslim World and Their Impact on the West
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a palestinian state: legal implications and significance for israel. on november 29, 2012, the united nations general assembly voted to grant palestine the status of non-member observer state. legally speaking, such a decision cannot create a state because recognition of statehood is declarative rather than constitutive. nonetheless, on a practical level, the growing recognition of palestine as a state by many important states, as well as the un general assembly, will ultimately influence whether or not such a state exists, and will therefore in the long run also have a direct impact on israel’s freedom of conduct in the palestinian arena. this article analyzes the legal implications of palestinian statehood for the domestic arena, i.e., relations between israel and the palestinians, and on the international arena, and concludes that legal ramifications of the establishment of a palestinian state seem to be limited, at least during the initial stage. nevertheless, as long as there is no progress in the negotiations between the sides, the pressure on israel to allow more freedom of action to the palestinian authorities and to curtail its own activities in the territory of the palestinian state is likely to increase.
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a palestinian state: legal implications and significance for israel. on november 29, 2012, the united nations general assembly voted to grant palestine the status of non-member observer state. legally speaking, such a decision cannot create a state because recognition of statehood is declarative rather than constitutive. nonetheless, on a practical level, the growing recognition of palestine as a state by many important states, as well as the un general assembly, will ultimately influence whether or not such a state exists, and will therefore in the long run also have a direct impact on israel’s freedom of conduct in the palestinian arena. this article analyzes the legal implications of palestinian statehood for the domestic arena, i.e., relations between israel and the palestinians, and on the international arena, and concludes that legal ramifications of the establishment of a palestinian state seem to be limited, at least during the initial stage. nevertheless, as long as there is no progress in the negotiations between the sides, the pressure on israel to allow more freedom of action to the palestinian authorities and to curtail its own activities in the territory of the palestinian state is likely to increase.
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