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from Part V - Whose State?
Published online by Cambridge University Press: 09 December 2021
A power on the part of the General Assembly of the United Nations to decide on a partition of Palestine was said to flow from the text of the Charter of the United Nations. The Charter, however, gives the General Assembly decision-making powers only with respect to issues internal to the United Nations. It was argued that the member states construed the Charter so as to give it a power to partition Palestine. In response, it was argued that the member states did not do so. Many of them wanted the International Court of Justice to decide that point. It was argued that even if the Charter did not explicitly give a power to partition Palestine, such a power was implied by the Charter. In response, it was argued that there was no basis for such an implication.
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