Wallace Edward Brand, JD Harvard, 1957 - The Partition Resolution 181 did had one effect. In it the UN General Assembly decided that the Jewish People had the capability of exercising sovereignty

Wallace Edward Brand, JD Harvard, 1957

July 20, 2014
1:19 am

Mr. Clovelley is mistaken. See SSRN.com/abstract=2385304. The Partition Resolution 181 did had one effect. In it the UN General Assembly decided that the Jewish People had the capability of exercising sovereignty. That was one of the two factors needed for its beneficial interest in the trust res of political rights to vest and give the Jewish People, formerly only a cestui que trust, the legal dominion over those rights. In the foregoing opinion I had tracked down statistics that showed the Jews attained a majority population in Palestine west of the Jordan in 1950. Since then I have found a credible source showing that the Jews in Palestine had attained that majority population in 1948 but it was likely that may not have been as yet determined. In any event, Britain had abdicated its mandatory power or legal dominion over the political [national] rights to Palestine west of the Jordan on May 14, to my aging recollection. If it did not think the Jews were capable of exercising sovereignty, the UN would have appointed another “mandatory power” or trustee. Mr. Clovelley may have been mislead by the bogus opinion circulated by the UN in 1979 that had been exposed as bogus by the eminent International Lawyer from Australia, the late Julius Stone in his book Israel and Palestine: Assault on the Law of Nations. SSRN.com/abstract=2404738 After all, the Palestine Mandate was also the basis of sovereignty for Syria, Lebanon, Mesopotamia [Iraq] as well as Palestine. The settlors of the trust were the principal Allied War Powers of WWI that won possession of this territory in a defensive war against Germany joined in by the Ottoman Empire. They had the power to keep it or dispose of it as they thought right. They put it in trust for the Jewish People, not wanting to give the Jews immediate legal dominion over those rights because they were at the time a small minority of the population and would provide an anti-democratic government. What they did was to give them the opportunity to become the majority population by facilitating Jewish [but not Arab] immigration, and by taking counsel not from the 1920 current population, but from the World Zionist Organization. See endnote 42 in the forgoing legal opinion entitled Claims of the Jewish and Arab Peoples under International Law to the Right of Self-Determination in Palestine.