The Vatican has just concluded a treaty to recognize “Palestine” as an independent state. Nonetheless, under governing international law, primarily the 1934 Convention on the Rights and Duties of States (aka the Montevideo Convention), “Palestine” will still remain outside the community of separately sovereign states. This exclusion will be proper, moreover, despite the United Nations’ earlier action on November 29, 2012. On that day, a General Assembly resolution had merely upgraded the Palestinian Authority (PA) to the substantially limited status of a “Nonmember Observer State.”
There is more. Jurisprudential limitations of the Vatican treaty on “Palestine” are evident “beyond a reasonable doubt.” The authoritative criteria of statehood are long-standing, fixed, explicit, and readily identifiable. More precisely, under plainly recognizable legal rules, a state must possess the following very specific qualifications: (1) a permanent population; (2) a defined territory; (3) a government; and (4) the capacity to enter into relations with other states.