商品簡介
The Misclassification argues that the foundational legal error sustaining seven decades of war in Palestine is not political. It is constitutional - and it is precise. United Nations General Assembly Resolution 181, adopted on 29 November 1947, has been treated since the moment of its adoption as a non-binding recommendation under Article 10 of the UN Charter. This volume demonstrates that characterisation is wrong. Through systematic analysis of the League of Nations Covenant, the Palestine Mandate, the UN Charter travaux pr廧aratoires, and the primary documentary record of the San Francisco Conference, it establishes that Resolution 181 was adopted under Article 85's binding supervisory authority - the Charter's highest decolonisation power - not under Article 10's recommendatory competence. That single jurisdictional misclassification has consequences. The boundaries Resolution 181 constituted are protected by the Charter under Article 2(4) and Article 103's supremacy clause. The corpus separatum of Jerusalem was constituted in mandatory language that no unilateral act can modify. The peoples' rights were preserved without temporal limit by Article 80. None of this required a new legal theory. It required reading the instruments that were always there. The misclassification is the source of the conflict. The law was never absent. It was unseen.
