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Published online by Cambridge University Press: 21 April 2022
In 1948, with the end of the British Mandate, Israel declared its independence. Israel based its declaration on the right of self-determination and the fact that the League of Nations and the UN had recognised this right. Israel’s legal position was not that these institutions had granted the right of self-determination of the Jewish people, but that they had recognised an existing right. The Declaration did not refer to the borders of the new State nor to its capital. Whether the Declaration created an independent State as from 14 May 1948 depends on an examination of whether Israel, at the time, fulfilled the Montevideo criteria for statehood.
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