Is a State Divided by Xa “State”? Palestine as an Example
Sanford R. Silverburg

Abstract
Palestine, as a contemporary political entity, is governed most notably by the Palestine Authority under thecontrol of Fatah. The effectiveness of governance by Fatah is evidenced by the lack of control over the Gaza Strip, a component geographical element of Palestine, which is controlled by an ideological competitor, Hamas. The question presented is: Can Palestine be considered to be a state either measured against a traditional index set out in the 1933 Montevideo Convention or a more nuanced approach by a functional interpretation of international law? The conclusion presented is that, as presently configured, Palestine cannot be considered a state.

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