tag:blogger.com,1999:blog-7014209.post1425837800681223472..comments2024-03-28T14:55:27.949+02:00Comments on My Right Word: San Remo a la Martin KramerYMedadhttp://www.blogger.com/profile/14333122797414935958noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-7014209.post-54679502210317801432022-02-06T08:37:42.246+02:002022-02-06T08:37:42.246+02:00Nice one! thank you so much! Thank you for sharing...Nice one! thank you so much! Thank you for sharing this post. Your blog posts are more interesting and impressive. <a href="https://www.sportstoto365.com" title="사설토토" rel="nofollow">사설토토</a> SAFE SITES18https://www.blogger.com/profile/14079265109044374616noreply@blogger.comtag:blogger.com,1999:blog-7014209.post-52653968335251382752022-02-01T08:24:32.192+02:002022-02-01T08:24:32.192+02:00You are so cool! I do not suppose I have read a si...You are so cool! I do not suppose I have read a single thing like this before. So good to find somebody with some original thoughts on this topic. 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J. INT’L L. 459, 465 (1971).<br /><br /><br />The Jewish right of self-determinism, self-government and “territorial integrity” throughout Eretz Yisrael (“Palestine”) is guaranteed by the Anglo-American Treaty of 1924; and was recognized by the San Remo Resolution of 1920 and consented to by the Arabs via the Faisal-Weizmann Agreement of 1919. (The Arabs [a foreign power having their origins in the Kingdom of the Hajaz] were guaranteed the right of self-determinism, self-government and “territorial integrity” [to wit INDEPENDENCE] in the Mandates for Mesopotamia (Iraq), Syria and Lebanon; while only Jews were guaranteed “POLITICAL RIGHTS” within the Mandate for Palestine!!!)<br /><br /><br />It would be a violation of Article 5 of the Mandate for Palestine and the Anglo-American Treaty of 1924 to give the PA/PLO sovereignty within Eretz Yisrael (Judea and Shomron/Samaria) as the Arabs are a “foreign power” by virtue of their origins in the Kingdom of the Hajaz and that Article stipulates that “the Mandatory shall be responsible for seeing that no Palestine territory shall be ceded or leased to, or in any way placed under the control of the Government of any foreign Power.”<br /><br /><br />As it stands, it was a violation of Articles 5, 15, and 25 of the Mandate for Palestine to establish the Hashemites as a Kingdom within “Palestine” – this is because (a) the Hashemites are a “foreign power” (b) their constitution excludes Jews from acquisition of Jordanian citizenship and (c) the 25th Article by it’s terms only permits the administration of those [Jewish] territories on a temporary basis!<br /><br /><br />IMHO, the State of Israel should reach a trusteeship agreement with Jordan to hold the Jewish Tribal territories of Gad, Reuven and Manasseh (“the East Bank”) in trust just as the State of Israel holds Judea, Benjamin and Shomron/Samaria (“the West Bank”) in trust for the Jewish body politic (to wit: for The Kingdom of Eretz Yisrael).<br /><br /><br />The rights recognized and guaranteed to the Jewish Community by the San Remo Resolution (the Mandate for Palestine) do no expire merely because the Mandatory withdrew from it’s obligations and responsibilities under the Mandate. Those rights are secured by Article 80 of the UN Charter and the 1969 Vienna Convention on the Law of Treaties.Yochanan Ezra ben Avrahamhttps://www.blogger.com/profile/18173555096110696973noreply@blogger.comtag:blogger.com,1999:blog-7014209.post-72920366860550010942020-12-14T09:13:27.208+02:002020-12-14T09:13:27.208+02:00ThanksThanksYMedadhttps://www.blogger.com/profile/14333122797414935958noreply@blogger.comtag:blogger.com,1999:blog-7014209.post-40289729412805811772020-12-14T00:19:34.376+02:002020-12-14T00:19:34.376+02:003. The triad of political, civil, and religious ri...3. The triad of political, civil, and religious rights was granted <i>only</i> to the Jews. Hence, after laying out the <i>political</i> purpose for the Jews of the Mandate, the wording "it being clearly understood that nothing should be done which might prejudice the <i>civil and religious rights</i> of existing non-Jewish communities in Palestine." Regardless of Curzon's <i>self-contradictory</i> statements to Millerand to secure his support at San Remo, the meaning could not be clearer: in the binding text, the civil and religious rights of non-Jews in Palestine are explicitly called out, whereas their political rights are not mentioned. By way of contrast, "the <i>rights and political status</i> enjoyed by Jews in any other country" are again explicitly called out. Why mention "political status" of Jews elsewhere, if not because the political status of Jews in Palestine was (already) made obvious by the preceding sentences? [Aside: Why were "rights" for Jews elsewhere not stated more explicitly as "civil and religious rights"? Simple brevity. The Mandate (and the Balfour Declaration) are models of concise writing (unlike my comments here!). None felt the need to repeat the obvious "civil and religious;" "rights" sufficed.]<br /><br />4. It it undisputed that by 1922 the eastern border of the Mandate <i>was</i> at the Jordan river. Thus, <i>at minimum</i>, it is in accord with international law that Israel's eastern border is the Jordan river (<i>cf</i>. Bell & Kontorovich <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2745094" rel="nofollow">Palestine, <i>Uti Possidetis Juris</i> and the Borders of Israel</a>). That case is made far stronger by the blatantly illegal, forceful invasion of Mandatory Palestine by Arab nations on May 15, 1948.<br /><br />Surprisingly, Dr. Kramer nowhere mentions that UN General Assembly Resolution 181 is <i>not</i> legally binding. Only (certain) Security Council resolutions are. UNGA 181 was a non-binding <i>recommendation</i> (which Dr. Kramer does note). That recommendation became moribund upon outbreak of hostilities initiated by Arabs the next day, and a "dead letter" upon invasion of sovereign Arab nations on May 15, 1948.<br /><br />In summary, despite the fascinating colonial intrigues that took place at San Remo, I think it is clear that the legal basis of Israel's claim to the entire territory of the Mandate for Palestine (west of the Jordan river) derives first and foremost from San Remo, which served to codify the non-binding Balfour Declaration and to incorporate it into the Covenant of the LoN and the Charter of the UN.borhanihttps://www.blogger.com/profile/12498562348810596899noreply@blogger.comtag:blogger.com,1999:blog-7014209.post-20564565340459914712020-12-14T00:19:16.040+02:002020-12-14T00:19:16.040+02:00Thanks! Posted this comment on the Mosaic web site...Thanks! Posted this comment on the Mosaic web site:<br /><br />Interesting history, thank you. I do feel, however, that I must push back. (Yisrael Medad's recent blog post, <a href="https://myrightword.blogspot.com/2020/12/san-remo-la-martin-kramer.html" rel="nofollow">San Remo a la Martin Kramer</a> raises similar points.)<br /><br />The intent of the League of Nations (LoN) <a href="https://avalon.law.yale.edu/20th_century/palmanda.asp" rel="nofollow">Mandate for Palestine</a>, based on a plain reading of its text, was indeed to set up a <i>state</i>, finessed to garner support as the ambiguously worded "national home," for the Jews — only — in Palestine:<br />"The Whereas the Principal Allied Powers have also agreed that the Mandatory should be responsible for putting into effect the [Balfour] declaration originally made on November 2nd, 1917, by the Government of His Britannic Majesty, and adopted by the said Powers, in favor of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing should be done which might prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the [civil and religious] rights and political status enjoyed by Jews in any other country;"<br /><br />We can parse and re-parse this text, and marvel at the deviousness and sleights of rhetorical hand of Curzon, Millerand, and many others, but none of that changes the clear meaning of the legally binding texts. (The Mandate was made binding international law by the Council of the LoN; its central tenet, the Balfour Declaration, became <a href="https://en.wikipedia.org/wiki/Lodge%E2%80%93Fish_Resolution" rel="nofollow">binding United States law</a> in 1922 [despite the US not joining the LoN]; and continued to remain binding international law via Article 80 of Charter of the United Nations).<br /><br /><b>What is that meaning?</b><br /><br />1. A "national home" for the <i>Jews</i> should be established within the Mandate borders. The backdrop and totality of the LoN mandatory system makes crystal clear that the so-called "Class A" mandates were established to facilitate the independent political rule of their trustees, here the Jews in Palestine. To interpret otherwise is to reject the political basis for <i>all</i> former Class A Mandatory states — Israel, of course, but also [Trans]Jordan, Syria, Lebanon, and Iraq. <a href="https://avalon.law.yale.edu/20th_century/leagcov.asp#art22" rel="nofollow">Article 22 of the Covenant of the LoN</a> states, "Certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as <b>independent nations can be provisionally recognized</b> subject to the <i>rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone</i>." (emphasis added) Class B and Class C Mandatory states in Africa and the Pacific, by way of contrast, were <i>not</i> deemed ready to be independent nations, and their Mandatory powers were to "be responsible for [their] administration" rather than to "[render] administrative advice and assistance." The distinction could not be clearer.<br /><br />2. Moreover, let us dispel any doubt for whose benefit an "independent nation" was to be established: the <i>entire</i> Mandate is about the Jews. And recognizing the "historical connection of the Jewish people with Palestine" and "reconstituting their national home" and "facilitat[ing] Jewish immigration" and "encourag[ing]...close settlement by Jews on the land." To read the Mandate otherwise is to ignore the forest for the trees. (That said, as Dr. Kramer notes, the British left themselves plenty of textual leeway, and perhaps not surprisingly, sorely abused their fiduciary duties during administration of the Mandate.)borhanihttps://www.blogger.com/profile/12498562348810596899noreply@blogger.com