In June, Attorney Karen Stahl-Don made a presentation in The Hague, on behalf of the Legal Grounds Campaign, on the subject of UNGA Resolution 181 of 1947:
The Resolution, which is often misunderstood, was merely a recommendation and carried no weight in international law.
Palestinian Arabs refer to it as “The Partition Plan,” claiming, after all this time, that it gives them rights to a state. This is blatantly false, as they rejected this plan 70 years ago. According to international law, a party that rejects an agreement does not retain any rights based on that agreement.
What is more, the recommendation was not simply that two states, one Jewish and one Arab, be established. It proposed that two states be joined by an economic union, with a myriad of requirements. The states were to share currency, transportation, postal systems, and a great deal more; both were to be democratic, provide civil rights and prohibit discrimination.
Israel accepted this partition. However, acceptance was premised on what was described in the Resolution: economic cooperation and peaceful coexistence. Israel never agreed to disregard the nature of the Arab state recommended for creation at its border.
In the end, Resolution 181 was abandoned and never came to fruition. The UN Palestine Commission charged with facilitating the Resolution never even met, and the Security Council would not lend support. The Commission was officially relieved of its duties.
Israel, the sole party to accept Resolution 181, is not responsible for its failure, and is certainly not in violation of international law by not complying with it now.