ABSTRACT

At first glance, the UN framework may appear as a case study that is beyond the scope of this book; Palestine has not joined the UN, where its current status is as a non-member observer State. However, there are important reasons for discussing the status of Palestine in the UN in this chapter. The status of Palestine in the UN changed in 2012 through UN General Assembly Resolution 67/19 from an observer to a non-member observer State. This resolution produced several discussions that closely mirror the discussions on admissions to international organizations: (1) While seeing statehood as implicit in admission to an international organization was rejected in general, can there be an implied statehood in this non-member observer State-status? (2) While collective recognition as an effect of admission in general was rejected as well, can one at least read in this particular UN General Assembly resolution, Resolution 67/19, an implication that, at least, those UN Member States who voted in favor of this particular resolution now extend individual State recognition to Palestine under general international law? This chapter will also highlight the legal consequences of the non-member State-status of Palestine.