Vanderbilt Journal of Transnational Law

First Page



The recent controversy over the establishment of Israeli settlements in occupied territory has resurrected a thirty year dispute over territorial sovereignty in the area referred to before 1948 as Palestine...

This note will attempt to analyze the conflicting legal claims to Palestine under a standard likely to be applied by an international judicial tribunal operating in conjunction with or under the auspices of the International Court of Justice. The analysis will be concerned not with the political or quasi-legal claims of the respective parties, examples of which are Israeli historical claims based upon decades of alleged persecution and Arab claims of right to self-determination, but with the respective parties' claims of legal title to Palestine. Furthermore, the analysis will be limited to Palestine as it was demarcated by the United Nations in 1947, excluding discussion of the conflicting Arab and Israeli claims to other sensitive areas such as the Golan Heights, the West Bank, the Straits of Tiran, Jerusalem, and Sinai.

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