Attestation committee
Accreditation committee
Expert committee
Dispositions, instructions
Normative acts
MANPOWER TRAINING
Nomenclature
Institutions
Scientific councils
Seminars
Theses		 Scientific advisers
Scientists
Doctoral students
Postdoctoral students
CNAA logo

 română | русский | english


The Right of the Palestinian Nation to Create an Independent State


Author: Ahmad Hammad
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2004
Scientific adviser: Victoria Arhiliuc
doctor habilitat, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 27 November, 2004
Approved by NCAA on the 23 December, 2004

Abstract

Adobe PDF document – 0.10 Mb / in romanian
Adobe PDF document – 0.14 Mb / in russian

Keywords

International law, Palestina, Israel, The rights of Palestinian people, Palestinian questoin, Palestinian-Israeli conflict, Palestinian State

Summary

This work is dedicated to one of the most complex problems confronted in nowadays – the Palestinian problem and, particularly, the right for the Palestinian nation to obtain an independent state.

Considering that, the Palestinian-Israeli conflict represents the main part of the Arab-Israeli conflict as a hole and without finding a solution for it would be impossible to install peace in the region, the aim of this work is to study and analyze from an international law point of view the causes provoking this conflict and the stages of its development, analyzing the possibilities and the attempts, made during the last century, to overtake the crises and to elaborate in base of these attempts of some principles, measure and real actions that should be taken a by both sides to get to a compromises accepted by all.

The study is based on specialty sources in the domain of international law and history referring to the Middle East and the Palestinian-Israeli conflict, documents of international organizations, first of all the General Assembly and the Security Council of the UN, conventions, declarations and international pacts, multilateral and bilateral accords, documents of the international conferences and official delegation meetings, also Arab and Israeli sources in the domain, the work of some scientist known in the Arab countries, Israel, Europe, USA and the Russian Federation.

An analysis is made to determine the historical and the strategically importance of Palestine in the region and in the world, studying also the origin and the history of the Palestinian problem, the causes of its appearance an the stages of its development in the nowadays, the essence of the Palestinian-Israeli conflict was elucidated, the causes of the extension of this conflict in the hole Middle East and transforming it to an Arab-Israeli conflict, the causes of the appearance of some complex problems such as the frontiers, territories, refugees, and Jerusalem, that have to be resolved first of all.

The right for the Palestinian nation to create its own independent stat was argumented based on the principles of international law and the right of nations to self determination, the position of the United Nations and the position of the member states of the Security Council was presented referring to the Palestinian people to self determination and creating an independent state, as well as the UN position facing the Organization of Liberation of Palestine.

The stages of the Palestinian peoples fight after the fall of the Ottoman Empire, the British mandate, the Israeli occupation and till now, different forms of fight to confirm the right of being a subject of law and also the right of self determination, as well as the practical activity in this direction are analyzed.

An analysis of various projects is presented concerning the forms of self determination, that have existed in different stages of the fight to obtain a state, factors that have been set against resolving the Palestinian problem at the present time and the perspectives of overtaking them, as well as the Israeli position referring to the Palestinian state.

The existence facts of the Palestinian state and the presence of the constitutive elements – people, territory and power, as well as the grade of there realization are argumented.

In this work was motivated the necessity of complete realization of the Palestinian people to the right of self determination and creating their own state, it was also demonstrated that this would contribute to the installation of peace in the region and consolidating the security in the entire world, wish would reduce and weaken the international terrorism phenomenon. The benefit for all sides was elucidated in case this problem is resolved. It was demonstrated that the revitalization of the Palestinian independent state, together with the Israeli state, is absolutely necessary, first of all for Israel, as well as for the entire Arab world, solving this problem, it would change the Middle East from a region of permanent tension to a region of stability and it is possible to obtain an advantageous collaboration between the stats of the region and the entire world, in all domains.

Based on the principles and norms of international law, taking into consideration the real situation in the region and the possibility existing at the moment, steps have been determinated and practice measures have been elaborated in order to resolve the Palestinian-Israel conflict completely and definitely, finding real compromises, equal for all. Formulating also principles which will lead to the elaboration and realization of agreements between the Palestinian and the Israeli in three main problems – the refugee’s problem, the problem of the settlements and the Jerusalem problem, without them the resolving of this conflict is impossible, as well as the concrete actions of the different part to be taken in this direction.

The results of the dissertation and recommendation can serve as a basis within the framework of the negotiations for elaborating actions and practical measures to obtain a definitive solution for the Palestinian-Israeli conflict.