Beyond a Seat in the United Nations: Palestine’s U.N. Membership and International Law

Harvard International Law Journal Online, Vol. 53, pp. 226-268, 2012

43 Pages Posted: 24 Jun 2012

See all articles by Martin Waehlisch

Martin Waehlisch

Humboldt University of Berlin - Faculty of Law; American University of Beirut

Date Written: June 22, 2012

Abstract

Looking from the speaker’s podium, Palestine’s seat in the United Nations (U.N.) General Assembly Hall is at the very left corner in the last row for delegations. The wooden desk and ocher-blue chairs are like any other of the interior from the 1950s, including the grey plastic headphones. Only one element is missing: the green, red, and yellow voting buttons, which are replaced with a silver metal plate. Other permanent observers, such as international and non-governmental organizations, are seated in the dark, close to the exit sign. Palestine sits alongside the Holy See and the Vatican, in the same line as Turkey in this sixty-sixth General Assembly session. Although Palestine has a place in the world organization, which was founded “to practice tolerance and live together in peace with one another as good neighbours,” it is still not a full member of the United Nations.

This article explains the UN admission process from the perspective of international law. The paper argues that whether or not Palestine fulfills the prerequisite criteria to be admitted as a U.N. member state depends also on the legal perspective. In order to maintain the integrity and credibility of the United Nations, it is crucial that the procedures for the admission of Palestine are coherent with the subsequent practice of the organization. For the Palestinian side, it is critical to consider which alternative scenarios are covered by international law. At the same time, the Israeli side needs to be aware of the legal limitations if it aims to prevent membership that might contradict its security interests. Even if Palestine is not admitted as a U.N. member, the refusal does not harm its potential, or existing, statehood. As observed in other cases where states have not been initially admitted as U.N. members, such as Austria, Italy, Finland, and Portugal, this conduct did not undermine the status as a state under international law.

Keywords: United Nations, Membership, Palestine, Admission Process, International Law, UN Charter, Subsequent Practice, Statehood, Observer Status

JEL Classification: K33

Suggested Citation

Waehlisch, Martin, Beyond a Seat in the United Nations: Palestine’s U.N. Membership and International Law (June 22, 2012). Harvard International Law Journal Online, Vol. 53, pp. 226-268, 2012, Available at SSRN: https://ssrn.com/abstract=2090298

Martin Waehlisch (Contact Author)

Humboldt University of Berlin - Faculty of Law ( email )

Unter den Linden 6
Berlin, D-10099
Germany

American University of Beirut ( email )

Issam Fares Institute
P.O.Box 11-0236
Beirut
Lebanon

HOME PAGE: http://www.aub.edu.lb/ifi/

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