본문 바로가기
KERD
논문KCI 등재

요르단 강 유역의 물 분쟁

Water Disputes in the Jordan River Basin

0

조회

0

다운로드

1

인용

0

참고문헌

키워드

주제분류법학

초록

This article is to analyze the issues of water use controversies of the Jordan River. The Jordan River arises from the high mountain of Hermon and flows through the Sea of Galilee and flow as the boundary of Israel and Jordan. It ends up to the Dead Sea. The basin area of the Jordan River is very dry, and as the river is virtually the only fresh water resources for Israel and Palestine, the river has been an hot political and social issue. The initial endeavor to allocate the water resources to the riparian states failed as the Arab nations refused to accept the existence of Israel. The 1967 war changed the hydro-geopolitics of the area drastically. The war itself at least partially arose from the use of the Jordan River. As Israel occupies the West Bank and the Golan Heights, there are serious tension between Israel and Syria, and Israel and Palestine. Only Jordan has been succesful to resolve their water issues with Israel, but as the Palestine is not a party to the bilateral accord with Israel it is still incomplete. Dispute concerning the use of groundwater between Israel and Palestine is serious. The Palestians argues that Israel violates the general international water course law such as the Helsinki Rules and also violate the 4th Geneva Convention concerning the occupied territory. Legal argument on behalf of Israel is fragile as the Israel settlers use more than 10 times water per capita than the Palestine residents. The articles concludes that the groundwater dispute between Israel and the Palestine and the dispute of the Golan Heights between Israel and Syria should be settled under the ``equitable use`` principle of the Helsinki Rules and 1997 Convention. But, as the water is only one of the many issues of the disputes among the states of the Jordan River, the prospective for peaceful solution is not bright.

Abstract

This article is to analyze the issues of water use controversies of the Jordan River. The Jordan River arises from the high mountain of Hermon and flows through the Sea of Galilee and flow as the boundary of Israel and Jordan. It ends up to the Dead Sea. The basin area of the Jordan River is very dry, and as the river is virtually the only fresh water resources for Israel and Palestine, the river has been an hot political and social issue. The initial endeavor to allocate the water resources to the riparian states failed as the Arab nations refused to accept the existence of Israel. The 1967 war changed the hydro-geopolitics of the area drastically. The war itself at least partially arose from the use of the Jordan River. As Israel occupies the West Bank and the Golan Heights, there are serious tension between Israel and Syria, and Israel and Palestine. Only Jordan has been succesful to resolve their water issues with Israel, but as the Palestine is not a party to the bilateral accord with Israel it is still incomplete. Dispute concerning the use of groundwater between Israel and Palestine is serious. The Palestians argues that Israel violates the general international water course law such as the Helsinki Rules and also violate the 4th Geneva Convention concerning the occupied territory. Legal argument on behalf of Israel is fragile as the Israel settlers use more than 10 times water per capita than the Palestine residents. The articles concludes that the groundwater dispute between Israel and the Palestine and the dispute of the Golan Heights between Israel and Syria should be settled under the ``equitable use`` principle of the Helsinki Rules and 1997 Convention. But, as the water is only one of the many issues of the disputes among the states of the Jordan River, the prospective for peaceful solution is not bright.

참고문헌 (33)

  1. Jacob Austin, "Canada-United States Practice and Theory Respecting the International Law of International Rivers : A Study of the History and Influence of the Harmon Doctrine", Canadian Bar Review, 97, pp.393~ (1959)
  2. Stephen C. McCaffrey, "The Harmon Doctrine One Hundred Years Later : Buried, Not Praised", Natural Resources Journal, 36, pp.549~ (1996)
  3. Stephen C. McCaffrey, "The 1997 U.N. Watercourses Convention : Retrospect and Prospect", Pacific McGeorge Global Bus. & Dev. L. J, 21, pp.165~ (2008)
  4. Stephen C. McCaffrey, "International Groundwater Law : Evolution and Context, in Groundwater : Legal and Policy Perspectives", Proceedings of a World Bank Seminar (1999)
  5. A. Dan Tarlock, "The Law of Equitable Apportionment Revisited, Updated and Restated", U. Colorado L. Rev, 56, pp.381~ (1984)
  6. Charles A. Dumars, "Symposium Introduction - New Challenges to State Water Allocation Sovereignty", 29 Natural Resources Journal, 29, pp.331~ (1989)
  7. Charles B. Bourne, "The International Law Association's Contribution to International Water Resources Law", Natural Resources Journal, 36, pp.155~ (1996)
  8. Mohammed S. Helal, "Sharing Blue Gold : The 1997 UN Convention on the Law of the Non-Navigable Uses of International Watercourses Ten Year On", Colorado J. Int'l Environmental L. & Policy, 18, pp.337~ (2007)
  9. Gabriel Eckstein, "A Hydrogeological Perspective of the Status of Ground Water Resources Under the U. N. Watercourse Convention", Columbia J. Environmental Law, 30, pp.525~ (2005)
  10. Gabriel E. Eckstein, "Commentary on the U. N. International Law Commission's Draft Articles on the Law of the Transboundary Aquifers", Colorado J. Int'l Envt'l L. Policy, 18, pp.537~ (2007)
  11. Aaron T. Wolf, "Criteria for Equitable Allocations : The Heart of International Water Conflict", Natural Resources Forum, 23, pp.3~ (1999)
  12. Aaron Wolf, "The Impact of Scarce Water Resources on the Arab-Israel Conflict", Natural Resources Journal, 32, pp.919~ (1992)
  13. Jonathan Lautze, "Equity in Transboundary Water Law : Valuable Paradigm or Merely Semantics ?", Colorado J. Int'l Environmental L. & Policy, 17, pp.89~ (2006)
  14. Hussein A. Amery, "Water, Geography, and Peace in the Middle East, in Water in the Middle East,", pp.1~ (2000), University of Texas Press
  15. Peter Beaumont, "Conflict, Coexistence, and Cooperation, in Water in the Middle East", pp.20~ (2000), University of Texas Press
  16. Aaron T. Wolf, "Hydrostrategic Territory in the Jordan River : Water, War, and Arab-Israeli Peace Negotiations, in Water in the Middle East", pp.63~ (2000), Univ. of Texas Press
  17. Karen A, Balim, "Come Hell or High Water : A Water Regime for the Jordan River Basin", Washington U. L. Q, 75, pp.919~ (1997)
  18. Eyal Benvenisti, "Harnessing International Law to Determine Israeli-Palestinian Water Rights : The Mountain Aquifer", Natural Resources Journal, 33, pp.543~ (1993)
  19. Jonathan M. Wenig, "Water and Peace : The Past, the Present, and the Future of the Jordan River Watercourse : An International Law Analysis", New York U. J. Int'l L. & Pol, 27, pp.331~ (1995)
  20. Ofira Selikar, "Turning Water into Fire : The Jordan River as the Hidden Factor in the Six-Day War", Middle East Review of International Affairs, 9, pp.57~ (2005)
  21. D. Chapman, "Economic Aspects of a Nuclear Desalination Agro-Industrial Project in the United Arab Republic", Am. J. Agric. Econ, pp.433~ (1973)
  22. J. Cooley, "The War Over Waters", Foreign Policy, 54, pp.3~22 (1984)
  23. Water and Israel's Occupation Strategy, "J. Stork", 19~, pp.116 Merip Report (1983)
  24. Harold Dichter, "The Legal status of Insrael's Water Policies in the Occupied Territories", Harvard Int'l L. J, 35, pp.565~ (1994)
  25. Jonathan M. Wenig, "Water and Peace : The Past, the Present, and the Future of the Jordan River Watercourse : An International Law Analysis", N. Y. U. J. Int'l & Pol, 27, pp.331~ (1995)
  26. Hilda Elver, "Palestine", Israel Water Conflict and Implementation of International Water Law Principles, 2005, 421~
  27. Gamal Abouali, "Natural Resources under Occupation : The Status of Palestine Water Under International Law", Pace Int'l L. Rev, 10, pp.411~ (1998)
  28. J. Dillman, "Water Rights in the Occupied Territories", Journal of Palestine Studies, 46 (1989)
  29. J. Dellapenna, "Water in the Jordan Valley : The Potential and Limits of Law", Palestinian Yearbook of Int'l La, 3, pp.15~ (1989)
  30. Phillip Baumgarten, "Israel's Transboundary Water Disputes", J. Land Resources & Envt'l L, 30, pp.179~ (2010)
  31. Ian J. Silverbrand, "Israel-Palestinian Water Literature's Misplaced Dependence upon Customary International law", Envt'l L, 37, pp.603~ (2007)
  32. Daniel J. Epstein, "Making the Desert Bloom : Competing for Scarce Water Resources in the Jordan River Basin", Temple Int'l & Comp. L. J, 10, pp.395~ (1996)
  33. Frederic C. Hof, "The Water Dimention of Golan Heights Negotiations, in Water in the Middle East", pp.150~ (2000), University of Texas Press

이 간행물의 다른 논문 (12건)