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independence from, free association, or integration with an independent
state.10 It implies that the Palestinian people have a right to choose their
own political destiny,11 through participation in the political decisionmaking process, directly or through a presentative government; and
The free pursuit of the people’s economic, social, and cultural
development – and the correlated free and unhindered disposal of its
natural wealth and resources.12 It is both the right to choose and to
exercise decisions, as well as the right to not be deprived of the means
of subsistence or suffer the destruction of culture.13 International law
additionally recognizes three basic conditions for self-determination:
participation, access and contribution to economic, social, and cultural
life. 14
Based on these pillars, the exercise of the right to self-determination requires
both a people to choose their political status and a territory within which to
pursue their economic, social, and cultural development, with the two inextricably
linked.15 Pertaining to Palestinian self-determination, exercising this right
includes the Palestinian people as defined and recognized under international
law with Mandatory Palestine as the territory whereby they exert their political,
social, economic, and cultural development. As argued below, the de facto
10 UNGA, Principles Which Should Guide Members in Determining Whether or not an Obligation Exists to
Transmit the Information called for under Article 73(e) of the Charter, A/RES/1541, 15 December 1960,
Principle VI, available at: https://www.refworld.org/docid/3b00f0654c.html [1 November 2021].
11 Ben Saul et al., “Article 1: The Right of Peoples of Self-Determination, Article 25: The Right to Freely
Utilize Natural Resources”, in The International Covenant on Economic, Social and Cultural Rights
(Oxford: Oxford University Press, 2014), p. 56.
12 ICCPR, art.1(2) in supra 2; ICESCR, art.1(2) & art.25 in supra 2; See also UNGA, Permanent Sovereignty
over Natural Resources, A/RES/1803(XVII), 14 December 1962, art.1, available at: https://digitallibrary.
un.org/record/57681?ln=en [accessed 1 November 2021].
13 UNGA, United Nations Declaration on the Rights of Indigenous Peoples, A/RES/61/295, 2 October
2007, art. 8(1), available at: https://www.un.org/development/desa/indigenouspeoples/wp-content/
uploads/sites/19/2018/11/UNDRIP_E_web.pdf [accessed 1 November 2021].
14 UN Committee on Economic, Social and Cultural Rights, General Comment no. 21, Right of
Everyone to Take Part in Cultural Life (art. 15, §1a of the Covenant on Economic, Social and
Cultural Rights), E/C.12/GC/21, 21 December 2009, available at: https://bit.ly/3k2KjYK
[accessed 1 November 2021].
15 “To confer on a people a right of “free choice” in the absence of more substantive entitlements – to
territory, natural resources, etc. – would simply be meaningless. Clearly, the right of self-determination
cannot be exercised in a substantive vacuum.” Catrionia Drew, The East Timor Story: International Law on
Trial, European Journal of International Law 12, no.4 (2001), p. 663, available at: http://www.ejil.org/
pdfs/12/4/1539.pdf
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