{"title":"Draining International Water Law: Lessons from the Israel–Occupied Palestinian Territory Context","authors":"Ahmed Beshtawi, Gabriela Cuadrado‐Quesada","doi":"10.1163/15730255-bja10110","DOIUrl":null,"url":null,"abstract":"\nThis article discusses the complexities of International Water Law (IWL) in the Israel Occupied Palestinian Territory (OPT) context. In the Oslo Accords, Israelis and Palestinians agreed to employ the core principles of IWL in their respective utilisation of shared water resources, in particular, over shared water resources in the West Bank: the principle of equitable and reasonable utilisation of water courses, the principle of no significant harm and the duty of co-operation. This article critically discusses these three principles in the Israel–OPT context and addresses in particular the questions: To what extent these principles are applicable in the Israeli–Palestinian context, and to what extent have they been implemented? The article concludes that there is an evident lack of implementation of such principles which has resulted in adverse effects on Palestinian water rights and have been on the expense of the OPT.","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":" ","pages":""},"PeriodicalIF":0.5000,"publicationDate":"2022-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Arab Law Quarterly","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15730255-bja10110","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
This article discusses the complexities of International Water Law (IWL) in the Israel Occupied Palestinian Territory (OPT) context. In the Oslo Accords, Israelis and Palestinians agreed to employ the core principles of IWL in their respective utilisation of shared water resources, in particular, over shared water resources in the West Bank: the principle of equitable and reasonable utilisation of water courses, the principle of no significant harm and the duty of co-operation. This article critically discusses these three principles in the Israel–OPT context and addresses in particular the questions: To what extent these principles are applicable in the Israeli–Palestinian context, and to what extent have they been implemented? The article concludes that there is an evident lack of implementation of such principles which has resulted in adverse effects on Palestinian water rights and have been on the expense of the OPT.
期刊介绍:
The leading English-language legal publication in its field, Arab Law Quarterly covers all aspects of Arab laws, both Shari"a and secular. Now in its third decade, it provides an important forum of authoritative articles on the laws and legal developments throughout the twenty countries of the Arab world, notes on recent legislation and case law, guidelines on future changes, and reviews of the latest literature in the field. Particular subject areas covered are Arab laws in trans-national affairs, commercial law, Islamic law (the Shari´a), and international comparative law.