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Legal status of the State of Palestine
There are a wide variety of views regarding the legal status of the State of Palestine, both among the states of the international community and among legal scholars. The existence of a state of Palestine, although controversial, is a reality in the opinions of the states that have established bilateral diplomatic relations.〔Segal, Jerome M., Chapter 9, "The State of Palestine, The Question of Existence", in Philosophical perspectives on the Israeli-Palestinian conflict, Tomis Kapitan editor, M.E. Sharpe, 1997, ISBN 1-56324-878-6.〕〔Boyle, Francis A. Creation of the State of Palestine; 1 Eur. J. Int'l L. 301 (1990)〕〔Kearney, Michael and Denayer, Stijn, Al-Haq Position Paper on Issues Arising from the Palestinian Authority's Submission of a Declaration to the Prosecutor of the International Criminal Court Under Article 12(3) of the Rome Statute (24 December 2009), para 43.a.〕〔Dugard, John (22 July 2009; Op-Ed essay). ("Take the Case" ). ''The New York Times''. Retrieved 28 September 2011.〕
==Statehood for the purposes of the UN Charter==
Palestine Liberation Organization (PLO) had been recognized as "sole legitimate representative of the Palestinian people," competent on all matters concerning the question of Palestine by the UN General Assembly in addition to the right of the Palestinian people in Palestine to national independence and sovereignty, and was granted observer status at the UN General Assembly as a "non-state entity", from 1974. In mid-November 2011, the PLO submitted an official application to become a full member of the UN. A successful application would require approval from the UN Security Council and a two-thirds majority in the UN General Assembly. However, the Security Council's membership committee deadlocked on the issue and had been "unable to make a unanimous recommendation to the Security Council". The report was the result of seven weeks of meetings, detailing myriad disagreements between the council members on whether Palestine fulfills the requirements set forth in the U.N. charter for members countries. With their application for full membership stalled, the PLO sought an upgrade in status, from "observer entity" to "non-member observer state". In November 2012, UN General Assembly accepted the resolution upgrading Palestine to "non-member observer state" within the United Nations system, reasserting PLO as the representative of the Palestinian people.
The UN Charter protects the territorial integrity or political independence of any state from the threat or use of force. Philip Jessup served as a representative of the United States to the United Nations and as a Judge on the International Court of Justice. During the Security Council hearings regarding Israel's application for membership in the UN, he said:"()e already have, among the members of the United Nations, some political entities which do not possess full sovereign power to form their own international policy, which traditionally has been considered characteristic of a State. We know however, that neither at San Francisco nor subsequently has the United Nations considered that complete freedom to frame and manage one's own foreign policy was an essential requisite of United Nations membership.... ...The reason for which I mention the qualification of this aspect of the traditional definition of a State is to underline the point that the term "State", as used and applied in Article 4 of the Charter of the United Nations, may not be wholly identical with the term "State" as it is used and defined in classic textbooks on international law."
In 2009, Riyad al-Maliki, the Palestinian Foreign Minister of the Palestinian National Authority, provided proof that Palestine had been extended legal recognition as a state by 67 other countries, and had bilateral agreements with states in Latin America, Asia, Africa and Europe.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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