Monday, April 29, 2019

Did the Mandate for Palestine Devolve on the UN?

There is an opinion which suggests that Article 80 of the UN Charter, that is

...nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties.

does not apply to the League of Nations decision to award that to Great Britain for the express purposes which are contained in its 1922 decision.

Well, in February 1947, UK Foreign Minister Ernest Bevin thought so:

When the League of Nations was wound up, there was a guarantee by the Mandatory Powers that they would carry on their Mandates and treat the United Nations as if they were the League of Nations. Therefore, I have to have regard to that.

Reference

^

1 comment:

Anonymous said...

The Mandates are, by any definition, international instruments. In fact, it was the Jewish Agency and its supporters success in having the reference to "peoples" added to Article 80 that led it to be informally called the Palestine provision.