What Constitutes an Equitable Water Share? A Reassessment of Equitable Apportionment in the Jordan-Israel Water Agreement 25 Years Later

24 Pages Posted: 13 Dec 2019

See all articles by Samer Talozi

Samer Talozi

Jordan University of Science and Technology - Civil Engineering Department

Amelia Altz-Stamm

University of Texas at Austin - Lyndon B. Johnson School of Public Affairs

Hussam Hussein

University of Kassel

Peter L. Reich

University of California, Los Angeles (UCLA) - School of Law

Date Written: 2019

Abstract

The water agreement between Jordan and Israel, created as part of their peace treaty in 1994, set out detailed allocations terms to which both countries have respectively abided since its inception. But after two and a half decades, the water agreement terms no longer appear as equitable considering the social, economic, and environmental changes that have occurred in the region as a whole and within the two countries individually. This paper analyzes the status of the treaty terms in light of changes seen within both countries regarding the factors laid out by the United Nations as relevant to determining equitable apportionment among riparian nations. The analysis suggests that a renegotiation of the water agreement terms is warranted due in large part to changes in population and the availability of alternative water resources (desalination and treated wastewater). While no explicit recommendations are made as to what a future treaty's terms should include, this paper presents evidence of a changing ground reality that deserves greater consideration in reaching a more equitable and sustainable water agreement for the decades to come.

Keywords: comparative law, environmental law, international law, Israel, Israel-Jordan Peace Treaty, Jordan, Jordan River, law and society, legal history, sustainability, transboundary water agreement, water annex, water law, water management

Suggested Citation

Talozi, Samer and Altz-Stamm, Amelia and Hussein, Hussam and Reich, Peter L., What Constitutes an Equitable Water Share? A Reassessment of Equitable Apportionment in the Jordan-Israel Water Agreement 25 Years Later (2019). Water Policy (2019) 21(5): 911-933; UCLA School of Law, Public Law Research Paper No. #19-53. Available at SSRN: https://ssrn.com/abstract=3502995

Samer Talozi

Jordan University of Science and Technology - Civil Engineering Department ( email )

Jordan

Amelia Altz-Stamm

University of Texas at Austin - Lyndon B. Johnson School of Public Affairs ( email )

2300 Red River St., Stop E2700
PO Box Y
Austin, TX 78713
United States

Hussam Hussein

University of Kassel ( email )

Fachbereich 05
Nora-Platiel-Stra├če 1
34109 Kassel, Hessen 34127
Germany

Peter L. Reich (Contact Author)

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States

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