Israel in fieri (1951)

Under international laws states may establish sovereignty over a certain territory via the acquisition of an original or derivative title. In the first case their title is independent of any previous title; if they acquire territory by occupation, they enter an international legal vacuum. In the second case, sovereignty is transferred from one state to another state by cession and the subsequent title depends on the validity of the previous title. There may, however, be the case of a state whose title is not derived from that of another state, but who cannot be considered an original occupier of the territory. This chapter examines the case of Israel. The state of Israel established effective control first over the area assigned to it under the November Resolution and later over territory lying outside that area, in the Negev area and elsewhere, where the question arises whether and how Israel acquired sovereignty.