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Negotiating
Jerusalem
Preconditions for Drawing Scenarios
Based on Territorial Compromises
by Enrico Molinaro
April 2002 (English, Pp. 127)
CONTENTS
GLOSSARY OF KEY TERMS
RELATED TO 'SOVEREIGNTY' AND 'STATUS QUO'
INTRODUCTION
I. THE TERRITORIAL/NATIONAL-ORIENTED
APPROACH PREVAILING DURING THE OSLO NEGOTIATIONS
I.1 Ancient Rome
and Modern Europe: From a Flexible Combination to an Exclusive Cyclical
Dichotomy of Territorial and Personal Jurisdiction?
I.2 The European
State's Model of Exclusive Territorial Sovereignty. Legal-Historical
Background of the Term and Practical Distinction to its Three Different
Aspects: Independence, Authority and Title
I.3 The Limits in
International Practice of the Described Model: Functional, Personal
and Territorial Jurisdiction
II. JERUSALEM AS A SPECIAL ISSUE POSTPONED UNTIL THE COMMENCEMENT OF
PERMANENT STATUS NEGOTIATIONS: THE UNIVERSALIST/ RELIGIOUS DIMENSION OF
JERUSALEM ANDTHE STATUS QUO IN THE HOLY PLACES
II.1 The Different
Meanings of 'Status Quo' in Jerusalemand the Political/Territorial Status
Quo
II.2 The Original
Overlapping of Personal and Territorial Jurisdiction in the Ottoman
Empire
- The Holy Places
of Jerusalem and the Capitulations
- The Millet System
II.3 The Status
Quo in the Holy Places in the Narrow Sense
- Origins of the
Christian Holy Places' Status Quo
- The Status Quo's
Extension to the Jewish-Muslim Holy Places
- The Settlement
of Disputes on the Rights and Claims in Connection with the Holy PlacesAccording
to the Mandate's Provisions
- The Status Quo
System of Law
II.4 The Cultural/Religious
Status Quo
II.5 The Wider Context
of the Human Right of Freedomof Religion and Worship
III. CREATIVE PROPOSALS FOR THE NEGOTIATORS
III.1 The Model
of Exclusive 'Sovereignty' of the State Within its Territorial Boundaries
and its Practical Distinction to the Three Different Aspects: Authority,
Title, and Independence
III.2 The Status
Quo of the Holy Places: Suggesting
Technical Solutions
- The Status Quo
System of Law
- Policy Options
for the Settlement of Disputes
REFERENCES
ANNEXES
Annex 1
The Terms of Mandate for Palestine [Excerpts], July 24, 1922
Annex 2
The Palestine (Holy Places) Order in Council, 1924
Annex 3
The Status Quo in the Holy Places, [Excerpts] By L.G. Cust
Annex 4
Israel's Draft Resolution on Jerusalem, Submitted to the General Assembly
of the United Nations on 25 November 1949
Annex 5
Memorandum of Their Beatitudes the Patriarchs and of the Heads of the
Christian Communities in Jerusalem on the Significance of Jerusalem
for Christians November 14, 1994
Annex 6
Statement of Policy for the Protection of the Cultural/Religious Status
Quo
Annex 7
Letter sent on 9 December 2001 by His Highness Prince Hassan bin Talal
to the Author
Annex 8
Map of Jerusalem Municipal Boundaries, 1947-2000
Annex 9
Pictures of the Holy Places Affected by the Status Quo (see Annex 3)
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