Salem, Mostafa F. (1991) The way ahead ? An analysis of the Camp David Accords and the ...

560 Pages·2009·23.86 MB·English

Salem, Mostafa F. (1991) The way ahead ? An analysis of the Camp
David Accords and the Egyptian-Israeli peace treaty. PhD thesis.

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THEWAYAHEAD ? AN A14ALISIS
OF THE CAMP DAVID ACCORDS AND
IHE EGYEIIAN-ISRAE P AC
TREATY
MOSTAFA F. SALEM
Presented for the degree Doctor Philosophy in
of of
I
the Faculty Low Financial Studies.
of and
University
Glasgow.
of
Depertment
Public 1991
of Internetione2 Lew. Ju2Y
The
Inspiration
this by late Nother
and ixy
of work was provided my
father,
brother Ab d, loving falldlYs Bohairt Ahmed
my and
and icy
Xohamad.
To them but to Sohair, I
respectfully
all especially
,
dedicate
this thesis.
0
The f this thesis has brought into with
undertaking of research or me contact
I take
many new people, as well as strengthening contacts, and great pleasure
in these
making acknowledgments.
I like to thank first Professor John Grant, the
would of all my supervisor,
University,
Head the Departement Public International Law Glasgow
of of at
whose has been helpful than I would have
supervision much more sympathetic and
been
entitled to anticipate. Indeed, his contribution made possible something
which had happened.
otherwise
would never
I should like to deep to Professor Abd al-Hadi al-
express my appreciation
Gohary, Yamen.
the Egyptian Educational Councillor in Iraq, Jordan and
Professor Glasgow
Gohary for to join the University of and
arranged me
discussed
aspects of my research with me.
I the Arab
also extend my gratitude to Mr. Hassan Dablauk, former director of
I
League Office in London for full to the library.
allowing me access office
have been to benefit from discussing my work
privileged on several occasions
him.
with
Foreign
Personal'thanks due to Mr. Abd Tantawil the Egyptian
are al-Hameid of
Ministry, Mr. Tamtawi
who offered valuable advice and useful exchange of views.
also provided me with some valuable materials.
I like to thank Judge Taha Abu formerly deputy President of
would
al-Kheir,
Egypt's Supreme Court, who generously shared with me his time and offered me
during
valuable advice in Egypt.
my stay
iv
Professor Said the Head the Departement Public International
al-Daqaq, of of
Law Alexandria University
both
at offered encouragement and valuable advice.
and it is my pleasure to of f er thanks here.
I would like to thank for his friendship and support over a lengthy period
Professor Yunis the head the Egyptian Education Bureau in
al-Batrick, of
London.
My final thanks to Major General Muhammad Abd Halim Musa, the Minister
go al-
of Interior in Egypt Major General Abd Assistant
and al-Muneim al-Serafi
Minister Interior, for their interest in to
of and enthusiasm enabling me get
this
valuable opportunity in this thesis.
writing
Most I thank Sohair,
of all, my wife, whose constant support and encouragement
from the beginning have been vital and far exceeded the unlimited help she
kindly
This
offered. is dedicated to her.
work
In the Palestinian dates back to history the
one sense, problem early when
Canaanites, Israelites Philistines for the territory its
and contended and
However, the from the
Palestine dates
resources.
modern problem only
Balfour Declaration in 1917, has to be deadly,
with six
and yet proved more
if includes the Gulf War, intractable, to
wars one and more with attempts
Palestine for three-quarters
create a state of nearly of a century
-
A recent attempt to solve the the Egypt-Israel Peace Treaty of
problem was
1979. If that had been the Presidents Carter Sadat
only purpose of and and
Prime Minister Begin Camp David the last two in the Treaty
at
and of signing
in Washington, their be described futile. But
efforts could only as more
the
the
was a stake: ending of a state of war and resolution of outstanding
territorial In that the "Camp David
claims. regard process" was successful
indeed to the that issue during the
successful
- extent an not resolved
Israel
the Taba, by Egypt
process, question of was amicably settled and
through
arbitration.
the
This thesis to the "Camp David the terms of
seeks analyse
process" and
Treaty in an attempt to answer the question of how the state of wart equelly
for both
important for Egypt Israel, be ended
and could satisfactorily
how the territorial important for both Israel and
parties,
claims, equally
Egypto the
be the issue Palestinet source of
could resolved, when of
for
the in the Middle East
virtually all present conflicts and essential
the Egyptians despite
the Arab
as part of nation, should remain unresolved,
the
provisions the Camp David Accords the Treaty.
of and
Page
i
Title
page
ii
Dedication
iii
Acknowledge
me nts
Abstract v
Table Contents vi
of
Table Abbreviations x
of
Table Cases xi
of
Table Treaties International Agreements
xiii
of and and
List Maps
xvi
of
Preface
xvii
Part One: Introduction
2
Chapter One Historical Background
:
5
The Balfour Declaration the Kandate
and
17
The UK Partition Resolution 1947
of
21
The Four Wars
44
The Arab Oil Embargo During After
and
the War 1973
of
46
Sadat's Visit to Jerusalem
The Camp David Accords the 51
and
Egyptian-Israeli
Peace Treaty
Arab Sanctions Egypt 52
against
1982-91 58
vii
79
Part Two: The Treaty Territorial Issue
and
Chapter Two The Israeli Withdrawal From Sinai
:
83
A Review the Settlement Positions Egypt, Israeli
of of
the UK the Withdrawal Issue
and regarding
84
The Position in the Aftermath the Six-Day War
of
90
Resolution 242 the Withdrawal Israeli
and of
Forces from Egypt's Territories
97
Reasons in Support Non-Total Withdrawal
of
99
Reasons in Support Total Israeli Withdrawal
of
The Position During Sadat's Visit to Jerusalem 103
The Drafting History the Withdrawal Clause 108
of
An Analysis the Treaty's Provisions 113
of
The Conditions for the Withdrawal 123
131
Article VI the Treaty Arab Collective
of and
Self-Defence
139
The Scope the Vithdrawal Clause
of
144
The Taba Dispute
178
Chapter Three: Israeli Settlements Navigational Rights
and
178
Section Onei The 1979 Treaty the Israeli
and
Settlements in Sinai
180
The View that Israel's Settlements in Sinai
Illegal
were not
186
The View that Israel's Settlements in Sinai
Illegal
were
190
The
Drafting History the Settlement Clause
of
viii
197
An Analysis the 1979 Treaty's Provisions
of
208
Tiran
Section Two: The Gulf of Aqaba and the Straits of
210
The Leagal Status the Gulf
of under
International Law
216
V(2)
Contextual Analysis Article
Textual
and of
the 1979 Treat
of
227
The Attitude the Arab League Towards
of
the New Regime
243
Part Three: The Palestinian People
244
Chapter Four: The Palestinians
246
Section One: The Right the Palestinian
of
Law
People to Self-Determination
underInternational
247
Reasons in Support the Palestinians' Right
of
to Self-Determination
262
The View that the Palestinians are not
to Self-Determination
entitled
Section Two: Textual Contextual
and
Interpretation the Palestinian Clauseunder the
of
Camp David Accords the 1979 Peace Treaty
and
275
The Binding Nature
280
The Scope
285
The West Bank Gaza
and
297
The Negotiations
303
The Elections
307
The Self-Governing Authority
viv
The Final Status 325
Chapter Five: Jerusalem 356
356
General
367
The Drafting History
368
The Final Position Egypt
of
379
The Final Position the U. S.
of
388
The Final Position Israel
of
Part Four:
Chapter Six: Conclusions 418
I. The Territorial Issues 418
II. The Palestinian Clause 432
III. Camp David Model 443
as a
IV. Recommendations 445
449
Appendix 1
452
Appendix 11
458
Appendix 111
466
Appendix IV
478
Appendix V
504
Appendix VI
513
Appendix VII
518
Appendix VIII
522
Bibliography