The Disputed Territories Are NOT Occupied

Prof. Talia Einhorn, of the T.M.C. Asser Institute, an institute for international law in The Hague writes:

the Israeli presence in Yesha does not constitute "occupation," and moreover, that the U.N. Partition Resolution of 1947 that mentions a "new Arab state" is of the "recommendation" type and not the "mandatory" type.

The idea of a Palestinian state in 1947 was only a recommendation, not an edict of the UN.

Prof. Einhorn says that there is nothing in international law that requires a Palestinian state between the Jordan River and the Mediterranean - not even the UN Partition Resolution of Nov. 29, 1947.

In fact, the most cited UN resolutions are nothing more than recommendations and are not enforceable by force.

She further writes that Resolutions 242 and 338, which call for negotiations and a "withdrawal from territories" (not "withdrawal from the territories") captured in 1967, are similarly "recommendations." These resolutions were drawn up under the UN Charter's Clause VI, which deals with non-mandatory recommendations.