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Source: http://blogs.cfr.org/abrams/2011/06/23/can-the-united-nations-make-palestine-a-state/
Can the United Nations Make Palestine a State?
(Council on Foreign Relations) Elliott Abrams - It appears that the Palestinians initially thought they could become a UN member state even if the U.S. vetoed their efforts in the Security Council. There was discussion a few months ago of a "Uniting for Peace" resolution, a procedure for action when the Security Council is tied in knots and unable to act. But UN lawyers soon clarified what is obvious on reading the Charter: that provision may be available for certain actions, especially dealing with threats to peace, but does not override the Charter provisions relating to membership. As the U.S. has told the Palestinians there would indeed be a veto, there will be no opportunity for "Palestine" to become a UN member state next fall. However, the General Assembly has the ability to accord "non-member state permanent observer" status to the PLO or to "Palestine." The Palestinians could claim at least a partial victory, even if real statehood continued to elude them. In the end, the General Assembly cannot create a Palestinian state. That the PLO is following this path suggests a lack of interest in the genuine negotiations that are the only real path to statehood.