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Flags and Passports: An Examination of the Two State Solution for Palestine.

A 1209386 Natalin Mrgan

This paper will focus upon the possibility of the establishment of a Palestinian
State, thus ending a long brutal conflict and fulfilling the aspirations of the
Palestinian people. There will be an examination of the right of establishing a
legitimate and recognized independent state, within international law and as a
reflection of the desire of the Palestinian people. Yet there are a great number of
obstacles that are needed to be overcome before statehood is established,
primarily the fractionalization of the PA, Hamas, and Fatah, and the effect that
this fraction has had upon the people they serve. Another significant deterrent in
the establishment of the state of Palestine is the issue of Israels fears regarding
the security of their nation as well as the fate of the millions of Jews who reside
in the illegal established settlements.

An argument based upon international law
The concept of state has a long history that dates back to the ancient Greeks
and Romans. Most scholars today look to the Montevideo Convention of 1938.
Article 1 the Convention, entitled the rights and duties of states, established four
criteria that must be met in order to establish legitimate statehood. It states;

The State as a person of international law should possess
the following qualifications;
(a) A permanent population;
(b) A defined territory
(c) Government; and
(d) The capacity to enter into relations with other states. (Malanczuk 1997)

There is much debate amongst scholars about the limitations of these criteria,
particularly that it does not include persons such as non- state actors, NGOs, and

The demands by the Palestinian people for their own sovereign state has been
articulated from many year. The Balfour Declaration of 1917 established by the
British had wide reaching implications. Firstly it was one of the first attempts to
establish a Jewish homeland in Palestinian lands, who felt that their lands, and
rights to self-determination, have been irrevocably violated. It was these actions,
along with a Zionist movement, that enflamed the Palestinian demands for
territorial sovereignty.

The Obstacles that must be overcome.

One of the greatest deterannces to the establishment of a Palestinian state is the
great divide between the two groups Fatha and Hamas.