Statehood under international law: a case study of Palestine

Abstract

The question of Palestinian statehood remains one of the most enduring and contested issues in international law and international relations. This dissertation interrogates the legal parameters of statehood under international law, situating the case of Palestine within the framework established by the Montevideo Convention, customary international law, and evolving state practice. It examines the extent to which Palestine satisfies the traditional criteria of statehood while also engaging with the role of recognition, United Nations resolutions, and membership in international organizations in shaping Palestine’s legal status. Through doctrinal analysis and a critical review of scholarly debates, the study highlights the tension between legal principle and political reality in the recognition of states. The research argues that while Palestine demonstrates substantial compliance with the normative requirements of statehood, its contested recognition and the ongoing belligerent occupation complicate its full realization of sovereignty. By using Palestine as a case study, this dissertation underscores the limitations of the current legal framework on statehood and questions whether international law, as presently constituted, is adequate to address the unique challenges posed by entities in prolonged struggles for self- determination. Ultimately, the study contends that the Palestinian case illustrates both the resilience and the shortcomings of international law in mediating between legitimacy, legality, and politics in the creation of states.

Keywords: International law, Palestine