Saint Mary’s University recently published an honours thesis by Naza Yammine, titled “International Law and the Question of Recognition of Palestinian Statehood: A Legal Subaltern Reality.” This thesis, submitted in partial fulfillment of the requirements for an Honours degree in Global Development Studies, delves into the intricate legal and political barriers to the recognition of Palestinian statehood.

Yammine’s research examines the longstanding debate over Palestine’s fulfillment of the statehood requirements outlined in the Montevideo Convention on the Rights and Duties of States (1933) and Article 4 (1) of the United Nations Charter. The thesis draws on the concept of International Legal Subalternity (ILS), as coined by Ardi Imseis, to provide a nuanced understanding of the obstacles Palestine has encountered in its quest for full legal recognition.

Through a thorough review of the concepts of statehood and recognition, alongside an analysis of Palestine’s historical pursuit of statehood, Yammine identifies a distinct pattern of legal subalternity. This pattern is especially evident when evaluating records from member states at the 6636th Security Council meeting on October 24, 2011, concerning the Question of Palestine and the Middle East.

The thesis argues that the recognition process for Palestine at the United Nations has been approached through a “rule by law” rather than a “rule of law” framework. This distinction highlights the politicized and often inequitable application of international legal principles in the case of Palestine.

For more information and to read the full thesis, please click