Since partition proposals were thwarted by Arab armed aggression, those proposals could not, both because of their inherent nature (recomendations)and because of the terms in which they were framed, operate as an effective legal disposition of a sovereign title. They could have been transformed by agreement of the parties into a consensual root of title.However this never happened. Even the idea that some kind of title remained in the United Nations is strange both with the absence of any evidence of vesting, and with complete United Nations silence on this aspect of the matter from 1950 to 1967? This creates a sovereignty vacuum, that could be acquire by any state that was in a position to assert effective and stable sovereignty without resort to unlawful means. This is exactly what Israel does. Moreover, there is also ground for more tolerance towards Israel's position, because of the historic centrality of Jerusalem to Judaism.
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from the article: ADL chief: Flawed U.S. policy is undermining Mideast peace