programs to address the existing, and future economic aspects of a solution to the
conflict.
[12]
See U.N. General Assembly Resolution 273 (1949) of 11 May 1949.
[13]
See, respectively,Tunis and Morocco Nationality Decrees advisory opinion, PCIJ,
Series B, No. 4 (1923) at 24; Convention on Certain Questions relating to the Conflict
of Nationality Laws, League of Nations Treaty Series, vol. 179, 89 (1930), art. 1; and,
Nottebohm case, ICJ Reports, 1955, 1 at 23.
[14]
See, respectively, GAOR, 51st Session, International Law Commission, 48th
Session, Second Report on State Succession and its Impact on the Nationality of
Natural and Legal Persons, 9 (Vaclav Mikulka, Special Rapporteur) U.N. Doc.
A/CN.4/474 (1996); U.N. High Commissioner for Refugees, Regional Bureau for
Europe, Division of International Protection, The Czech and Slovak Citizenship Laws
and the Problem of Statelessness (February 1996).
[15]
The League of Nations, as early as 1919, “provisionally” recognized Palestine’s
“existence” as a fully sovereign “independent nation” in Article 22 of its Covenant.
The Covenant of the League of Nations both predated the appointment of Britain as
the Mandatory Power in Palestine by the League of Nations and served as the juridical
basis for Britain’s authority to serve as the Mandatory Power. This being so, Britain
assumed the Mandate for Palestine subject to the terms of Article 22 of the Covenant
of the League of Nations. In particular, Britain assumed the role of Mandatory power
with the clear understanding that its responsibility, and in fact its very raison d’être as
a Mandatory Power in the first instance, was to bring the League of Nations’
“provisional” recognition of Palestine’s existence as an independent sovereign nation
into full realization, i.e., to assist the Palestinian people in their achievement of full,
independent sovereign statehood.
[16]
See, e.g., G.A. Res. A/RES/55/153 (December 12, 2000). The Articles on
Nationality of Natual Persons in Relation to the Succession of States reflect binding
customary international law, since their purpose is to clarify the status of certain rules
from the law of state succession. They were prepared by the International Law
Commission (ILC), which is a UN body of legal experts charged with developing and
codifying specific topics of international law assigned to it for study by the General
Assembly. The General Assembly requested states to follow the ILC Articles on
Nationality in their state practice regarding nationality conferral in the context of state
succession. According to the ILC's "Official Commentary,” Article 14(2) was drafted
to deal with the “specific case where the succession of States is the result of events
leading to the displacement of a large part of the population.”
[17]
Article 14(2) states the rule: “A State concerned shall take all necessary measures
to allow persons concerned [i.e., habitual residents] who, because of events connected
with the succession of States, were forced to leave their habitual residence in its
territory to return thereto.”
[18]
See Paalo Contini, Legal Aspects of the Problem of Compensation to Palestine
Refugees, supra 11, who states that “It appears [ ] that Arabs should be regarded as
having the same citizenship status as Jews, both at the time of their displacement and