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Palestine: Clinton's $500,000 speech leaves one speechless : Comments
By David Singer, published 25/6/2013Clinton still clings to the wreckage of an outdated and rejected proposal Peres helped revive - the creation of a second Arab state in Palestine for the first time ever in recorded history.
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Responding to your points:
1.Was Scobbie wrong: No but termination of Mandate was but one of several factors that undermine its continued application. In fact if you bothered to read the Scobbie article, you would see he provides another, namely Isr's acceptance of the concept of Partition.
2. List "other factors" and peremptory rights: If you can't work this out yourself from the Berman article, ICJ decisions, and paper by Scobbie you are not an expert on international law. I am not here to teach you Int law, although frankly if you cant see that the right of SD is a peremptory norm you have no hope.
3. If you are saying there was some effort to rebut Berman in the link, it don’t appear there. Kaplan and Olesker are propagandists, not independent legal experts. Kaplan's website states its aims " To expose and amplify the rules and principles of international law as it relates to the inalienable rights and exclusive sovereignty of the Jewish People and its agent or trustee, the State of Israel, over the entire Land of Israel". If you call that an objective expert witness, you are obviously not a litigator. David, don’t insult me by sending me this rubbish. Find proper legal papers by indep legal experts or stop wasting my time.
4. If you cant see how Medad fails to understand the rebus sic stantibus principle then you don’t understand it yourself.
5. You should know full well that rights of SD gained prominence in the 60s (colonial independence). The intertemporal rule makes it irrelevant that the right of SD was only in its infancy in 1922 or 1948. Go read about the rule in Scobbie and stop being an idiot. In any event, this whole discussion about SD is academic as the ICJ decision confirmed the right in 2004. Provide a legal opinion refuting this or stop wasting my time.