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✡ Preparations Foundation Stone 37

ter the issuing of the Declaration: “My Following a meeting in Cairo con- sedetis juris’ transforms the colonial
personal hope is that the Jews will make vened by Churchill in 1921, the British and administrative lines existing at the
good in Palestine and eventually found decided to administer the territories of moment of the birth of the new State
a Jewish State.” In a conversation with ‘Trans-Jordan’ separately. The Emirate into national borders. Based on this
Chaim Weizmann in 1921, Balfour and of Trans-Jordan became the Hashemite principle, it is arguable that the entire
Prime Minister Lloyd George declared Kingdom of Trans-Jordan in 1946 (sub- territory of Palestine west of the Jordan
that they both had intended the ulti- sequently re-named ‘Jordan’ in 1949). River became the territory of the newly
mate creation of a Jewish State. Jordan was, in reality, a State for the independent State of Israel.
Palestinian Arabs. A ‘two-state solution’ Finally, it is important to note that
Territorial scope thus already existed in 1922. dissolution of the League of Nations
The Balfour Declaration, the San did not – and could not – terminate
The Balfour Declaration, the San Remo Remo Resolution and the Mandate the rights and obligations under the
Resolution and the Mandate for Pal- for Palestine together laid the legal Mandate for Palestine itself, nor the
estine did not specifically define the and historical basis for the creation pre-existing rights of the Jewish peo-
borders of the Mandate territory of ‘Pal- of the State of Israel in 1948. Some ple or the obligations of the United
estine’. In the years following the San argue that at San Remo the Jewish Kingdom as Mandatory Power, because
Remo Resolution of 1920, the Principal people indirectly received sovereignty these had originally been conferred
Allied Powers agreed that the territory over ‘Palestine’ from the Principal by the Allied Powers, not the League.
of Palestine was to include the territo- Allied Powers – sovereignty that was Further, Article 80 of the UN Charter
ries lying between the Jordan River and inherited by the State of Israel on its (often referred to as the Palestine Ar-
the eastern boundary of Palestine (also establishment. Others argue that the ticle) specifically protected the rights
known as ‘Trans-Jordan’). borders of the State of Israel were of the Jewish people and other peoples
However, at the last minute, at the re- determined by the international legal under the Mandates.
quest of Britain, Article 25 was included principle ‘uti possedetis juris’ . This
2
in the Mandate, allowing the Mandatory is the principle of customary interna-
Power, with the consent of the Council, tional law that determined the borders
to ‘postpone or withhold application of and territorial sovereignty of almost all 1. The Sykes-Picot agreement left the area of
such provisions of this mandate as he new States that have emerged in the much of Palestine as an ‘internationalisation
may consider inapplicable to the existing last century. zone’
local conditions’. In effect, the principle of ‘uti pos- 2. Latin for ‘as you possess under law’

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