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35 Harv. Int'l. L. J. 565 (1994)
The Legal Status of Israel's Water Policies in the Occupied Territories

handle is hein.journals/hilj35 and id is 571 raw text is: VOLUME 35, NUMBER 2, SPRING 1994

The Legal Status of Israel's Water
Policies in the Occupied Territories
Harold Dichter*
INTRODUCTION
The September 1993 framework agreements between Israel and the
Palestine Liberation Organization inaugurated a new era of negotiation
and compromise in the Middle East. Through subsequent discussions
the two parties have attempted to resolve the many issues, chiefly
concerning security and the extent of national sovereignty of Israel and
the proposed Palestinian entities, that continue to separate them. These
negotiations, however, have not addressed in detail the control of the
water resources of the West Bank and Gaza Strip.' Since Israel occupied
the West Bank and Gaza Strip in June 1967, critics have alleged that the
nation's occupation policies contravened the international law of bel-
ligerent occupation. More specifically, some commentators have criti-
cized Israel's occupation policy because of its deleterious effect on the
economies of the occupied territories.2 Of the economic issues impli-
cated by the negotiations, the issue of water rights is potentially the
most critical, and its resolution may have a great effect on the possi-
bility of an eventual settlement of the overall conflict.-
In the Middle East, water has long been a source of conflict among
the parties to the Arab-Israeli dispute. A region of semi-arid nations
that nonetheless depends heavily on agriculture, the Middle East,
especially the area of British mandate Palestine, will face severe water
shortages in the coming years. Control of water resources thus assumes
*J.D., Harvard Law School, 1994.
1. Since the 1991 Madrid Peace Conference, Israel, its Arab neighbors, and various other world
powers including the United States, the European Community, and Japan have been participating
in multilateral negotiations over the region's water issues. Norman Kempster, Giving Peace a
Chance, -The Payment Plan for Peace, L.A. Ties, Sept. 14, 1993, at 7. Yet these talks have made
little progress. Alan Cowell, Battle is Brewing Over Water For Mideast, This Could be Biggest Hurdle
to Peace, MIzas HERALD, Oct. 12, 1993, at 5A.
The September 13 Agreement deals very generally with the issues of contention, calling for
the equitable utilization of joint water resources. Elliot Diringer, Where Water and Land Are One,
Arabs and Isradis Agree They Muat Share, Disagre on How, S.E CHRON., Oct. 14, 1993, at Al.
2. See generally RIcHARD T. DRURY & ROBERT C. WINN, PLOWSHARES AND SWORDS: THE
ECONOMICS OF OCCUPATION IN THE WEST BANK (1992).

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