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Legal Framework, Institutionalization, Tools, and Motives of Palestine’s Paradiplomacy

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Between Diplomacy and Non-Diplomacy

Abstract

This chapter aims to provide a basis for a better understanding of the Palestinian paradiplomacy in historical, legal, and institutional terms. This chapter will be the first attempt to look into Palestinian paradiplomacy with focus on the political motive pioneered by its main actor: that of the Palestine Liberation Organization (PLO) and later that the creation of the Palestinian National Authority (PNA); moreover, the Palestinian Ministry of Foreign Affairs (PMOFA) created the International Cooperation Agency (PICA) which will be briefly touched upon. Inspired by “Theory and Practice of Paradiplomacy: Subnational Governments in International Affairs” by Alexander S. Kuznetsov (Theory and Practice of Paradiplomacy. Subnational Governments in International Affairs. London, New York: Routledge, 2015), this chapter will try to explore the Palestinian paradiplomacy and how it evolved throughout the years. Its progress shall be explained in two phases: Pre-Oslo and Post-Oslo Palestinian paradiplomacy. Palestine has a unique nature in its paradiplomacy activity and evolution. It was found necessary to consider the separatist dimension in examining paradiplomacy in Palestine. The approach of the problem of non-recognized states has definitely a tight linkage with contemporary discussions and researches on such urgent political topics as human rights and self-determination of peoples. The examination of de facto states through paradiplomacy is the logical consequence of the existent nature of state recognition mechanism in world politics.

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Notes

  1. 1.

    Article 2 of the Vienna Convention on Diplomatic Relations 1961, Article 2.

    The establishment of diplomatic relations between States, and of permanent diplomatic missions, takes place by mutual consent.

  2. 2.

    15 conventions and treaties as follows:

    1. 1.

      The Four Geneva Conventions of 12 August 1949 and the First Additional Protocol

    2. 2.

      The Vienna Convention on Diplomatic Relations

    3. 3.

      The Vienna Convention on Consular Relations

    4. 4.

      The Convention on the Rights of the Child and the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in armed conflict

    5. 5.

      The Convention on the Elimination of All Forms of Discrimination against Women

    6. 6.

      The Hague Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations Concerning the Laws and Customs of War on Land

    7. 7.

      The Convention on the Rights of Persons with Disabilities

    8. 8.

      The Vienna Convention on the Law of Treaties

    9. 9.

      The International Convention on the Elimination of All Forms of Racial Discrimination

    10. 10.

      The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

    11. 11.

      The United Nations Convention against Corruption

    12. 12.

      The Convention on the Prevention and Punishment of the Crime of Genocide

    13. 13.

      The International Convention on the Suppression and Punishment of the Crime of Apartheid

    14. 14.

      The International Covenant on Civil and Political Rights

    15. 15.

      The International Covenant on Economic, Social and Cultural Rights

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Correspondence to Dalal S. M. Iriqat .

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© 2023 The Author(s), under exclusive license to Springer Nature Switzerland AG

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Iriqat, D.S.M. (2023). Legal Framework, Institutionalization, Tools, and Motives of Palestine’s Paradiplomacy. In: Gürbey, G., Hofmann, S., Ibrahim Seyder, F. (eds) Between Diplomacy and Non-Diplomacy. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-031-09756-0_5

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