|
|
Regional Civilian Cooperation in the |
|
|
|
|
|
|
Edited
& Written by Eliezer
Glaubach-Gal, Prof. Ph.D. IISP – The Israeli
Institute for Strategy of Peace |
|
|
The Prophecy of Isaiah, Chapter 2: “And it shall come to pass in the end of days that the Table of Contents Preface b1 Introduction Chapter
1 Visions and Realpolitik in the Quest for a Region of 4-7 Chapter 2 The Concept and Prospect of Sustainability in the Chapter 3 Commercial Contract Enforcement in the Chapter 4 Trade and Investment Flows Between Chapter 5 Water: Conflict or Cooperation 15-16 Chapter 6 The Impact of the DOP on the West Bank and Law Reform in The Chapter 8 The Legal Structure for Foreign Investment in the West Bank
and the Chapter 9 Economy The Economic Impact of the Israeli-PLO Declaration of
Principles on the West Bank, Bibliography 23-24 Annex = Full text of the Road Map 25-32 Personal Data of the Author 33-34 Preface IISP (The Israeli Institute for Strategy of Peace) Purpose “The institute will provide strategies, plans and
recommendations for peace making in the Middle East region for decision
makers in Following the “Road Map” plan for a peace settlement in the Middle East, which mainly deals with the political aspect we choose, at this stage to not interfere and leave this part of the issue to the factors related to, and propose to dedicate this paper to creating and stimulating a culture of peace and cooperation with a number of tangible suggestions which seem to us worthwhile to work on in parallel to the political struggle. In addition to the issues brought in this paper there are
other important topics that needs addressing as joined regional ventures.
Such as: transportation, communication, oil and gas supplies, joined
electricity network, education, culture, youth and sport festivals. Introduction The “Road Map” and the global campaign that President Bush presented in his June 2002 speech and was handed over to the parties, Israelis and Palestinians, last month appears to head the regional agenda. The “Road Map” includes two main building blocks. The first is the normative demand that the Palestinians totally refrain from terror and combat it, implement fundamental reforms in the Palestinian Authority and replace their leadership. The second is the operational part that stipulates that if the Palestinians fulfill the normative part, they will be able to establish a provisional state and to achieve a fully independent state in 2005 based on the end of the 1967 Israeli occupation. The map has three main versions: one emphasizes the Palestinian implementation as the condition for the transition from a provisional state to the final settlement; the second emphasizes the interim period; and the third underlines the commitment of the Arab states to put an end to Palestinian terror. The Global Campaign Main Features In the wake of September 11th, 2001, a new
global age dawned, exposing a new strategic landscape. That day symbolizes the passage from the
promising decade after the end of the Cold War to a period of war. Many, especially in The essence of the challenge is the war that the · The war against Terror. · The war against dictatorships that are developing weapons of mass destructions (WMD). A result of this war is the beginning of a campaign for
imposing democracy, as one of the main responses to these wars. Consequently, the Terror Along with its obvious characteristics, contemporary
international terror is characterized by the ability of a decreasing number
of individuals to cause increasing damage and even extreme damage to the
Western economy. The necessity to
fight against terrorism will be the main component of defense policies
throughout the world. Notwithstanding, because of the inability of the
international community to define what constitutes an act of terror, terror
has yet to be defined as a crime by international law. Thus, the necessity to change the focus of American Middle
East policy on the basis of the understanding that the Middle East is a
nucleus of terror and states that are developing WMD and is not defined only
by the Israeli-Arab conflict. The Democratization Process The goal that President Bush set is the attempt to “export”
democracy to the One assessment is that the removal of Saddam Hussein’s
regime and the formation of new political institutions and elites in The central question is who will succeed Saddam
Hussein and which country will take Chapter 1 Visions and Realpolitik in the Quest for a Region of
Peace Visions are usually expressions of what ought to happen,
not necessarily of what will happen or what is in the realm of the possible. The Dr.
Meron Benvenisti,
former deputy mayor of Too often and too consistently in Father Thomas Stransky Father
Thomas Stransky is the rector of Tantur, one of the few oases of peace in
this city. Canon Naim Ateek writes: My vision of the future of the
city of Canon
Dr. Naim Ateek is priest of the Palestinian congregation at “If you want it, it is not a Fairy Tale” As the Yet we thought an institution like believes that we have to not only be responsive to political and social psychological dynamics in our societies, but we also have to try to shape those in a way that we think is possible, is feasible and is necessary. Gershon Baskin One century of Zionism, five decades of Kalman Yaron Two momentous decisions need to be taken by the parties to
this century-old conflict. They have
not been taken yet. The one is to be
taken by Let us first offer a definition of the culture of
peace. The culture of peace is all the
values, attitudes and forms of behavior that reflect respect for life, for
human beings and their dignity, and for all human rights, the rejection of
violence in all its forms and a commitment to the principles of freedom,
justice, solidarity, tolerance and understanding among peoples and between
groups and individuals. This is a very
basic definition, which I think applies to what we are talking about. The next question is why should we promote an environment or a culture of peace. Chief among the reasons are the persistence and proliferation of violence and conflicts a diverse nature in various parts of the world and in our region. That is reason enough for us. Another is that there is a link between peace and development. A culture of peace can lead to education, science and communication along with the development of respect for all human rights and the promotion of democracy, dialogue, tolerance, reconciliation and solidarity, in addition to regional cooperation and economic development, and thus sustainable human development. That is, there is a direct link between a culture of peace and human resource development. What are the aims and objectives of a culture of peace and the programs that will be created to enhance a culture of peace? First, we need to promote values, attitudes and behavior in people so they will seek peaceful solutions to problems. Second, we need to promote adherence to the values that are at the heart of the spirit of peace. These include respect for all human rights and democratic principles; the rejection of violence and forms of discrimination; attachment to the principles of freedom, justice, solidarity, tolerance and understanding, both between peoples and between groups and individuals; and lastly, fostering the acquisition of knowledge, skills and attitudes conducive to the promotion of peace. It is important to acknowledge that the culture of peace is multi-dimensional or multi-faceted in nature. When we talk about its multi-dimensional nature we talk about two things: One, the number and diversity of people and groups to be involved in the culture of peace; and two, the many fields that are to be dealt with – communication, education, media, economics and so on. How do we go about all of this? In order to progress towards peace, one can follow a twofold approach. One approach is indirect and consistent in developing education, science and culture in order to contribute to social progress and to combating inequalities. The other is direct and aims at placing education, science and culture in the service of human rights and international understanding. It is this direct action, which is designed to construct peace in the minds of men – in other words, to change value systems, attitudes and behaviors. Ron Kronish Chapter 2 The Concept and Prospect of Sustainability in the The Referring to the recent information from the World Bank on
the issue of sustainability, issued a report on environmental strategy
toward sustainable development in the Middle East and In 1965, the GNP per capita, excluding Sustainability means working with the environment in order
to achieve economic growth while saving the environment, working with the
environment rather than exploiting it and causing its degradation. Today the Sustainability is a whole process rather than one process
or a partial process. To start
planning for sustainable development in the The increase in population is causing tremendous pressure
on resources. In addition, we have
many social, religious and traditional constraints that are hindering
development and change. But the new
generation should work together throughout the entire region. We should share the responsibility and the
knowledge that we have in order to achieve the desired benefits. This report indicates that there has been tremendous
progress in the region. Infant mortality
decreased by 50 percent. Life
expectancy increased from 48 years to 64 years. The literacy rate increased to about 90
percent for the elementary schools, 47 for the secondary schools. The health services have developed
tremendously. This is why infant
mortality improved. But water
resources are being depleted in a very dramatic way. Deterioration of natural resources, soil erosion, and
desertification, loss of biodiversity are widespread and acute problems in
areas such as Another issue is cultural heritage. This area is one of the most important in
the whole world in terms of cultural and historical monuments and
architecture and archeological sites.
Income from tourism is about $9 billion, but in many areas tourism has
caused a tremendously devastating environmental impact because there is no
action plan or guidelines for appropriate and safe tourism. If we continue at the current fertility rate, the
population of the region will reach approximately 330 million by the end of
the century, and the growing demands on water and land will increasingly be a
problem. Because of such development there will be a high increase
in electricity and power generation.
This again will cause a huge air pollution problem mainly because we
depend totally – almost 95 percent – on fuel-powered generation systems. This is very polluting in terms of sulphur,
oxides and other kinds of pollutants, plus particles. It seems that we are facing a very unpromising future. In the last ten years sustainable development issues have been hot issues all over the world. Such as: Seeking Harmony – People and the Environment; Environmental Law and its Enforcement in Israel, the West Bank and Gaza; Education for a Better Environment; The Role of Outside Parties in Solutions for Environmental Problems in the Middle East; and Promoting Environmental Cooperation in the Middle East. Chapter 3 Commercial Contract Enforcement in the The Peace Process in the Middle East has heralded the
formulation of areas of Palestinian autonomy in the Since the Oslo Agreements were signed, beginning with the
Declaration of Principles in 1993, and especially since the founding of
Palestinian autonomous areas in the Gaza Strip and Palestinian-populated
areas of the The legal framework for conducting business must also
develop, in order to facilitate the desired results. Contract law is the most basic foundation
of this framework. In as much as any
business enterprise is undertaken among individuals, some buying and some
selling, some designing and some building, some lending money and some
borrowing, contract law addresses the relationships among all these
participants. Contract law lends the
force of law to any agreement amongst individuals, arming entrepreneurs with
the confidence that their investments will not be undermined due to the
untrustworthiness of others. Contract
law defines the rights and duties of the sides to agreements of all kinds,
and ensures that a person many only break his word upon pain of a penalty,
generally to compensate the injured party. In addition to a well-stated substantive contract law, a
legal system must have adequate procedural law to provide any interested
parties with the means of addressing their grievances, such as a breach of
contract, in a court of law. This
necessitates efficient courts, and well legislated and coherent court
procedures. A good contract law may
supply a cogent set of rules defining the rights and obligations pertaining
to any given situation, but in practice it will be of no use of the courts
fail to deliver sufficient remedies. A third institution necessary to a useful and efficient law
of contracts, aside from the substantive law and suitable court procedures,
is an efficient execution authority to execute court decisions. In some cases, the execution authority may
be empowered to execute certain kinds of contracts (such as cheques or other
bills) even without a court decision.
The laws governing the powers and procedures of the execution office
are also an indispensable part of a legal system that provides for
enforceable contracts. More evaluation on the subject matter, such as: Commercial Contract Enforcement in the Palestinian Territories; Contracts in Palestine; Contract Enforcement Mechanisms in the West Bank and Gaza Strip; Contract Formation; Enforcement and Dispute Resolution Mechanisms; Courts; Arbitration and Mediation; Recommendations for Improvement of Contract Enforcement Procedures in the Palestinian Territories; Facilitation of an Actionable Breach of Contract; Improvement of Magistrates’ Courts Jurisdiction; Establishment of a Small Claims Court; Improvements to the Arbitration Law; and Recourse to Israeli Courts. Chapter 4 Trade
and Investment Flows Between Standards as a Barrier to Trade Issue: Standards
can constitute a non-tariff barrier to the free movement of goods within the
region. What can be done to Reduce
Undesirable Hampering Effects of standards on regional trade? Recommendations: Establish a Tripartite
Israeli-Jordanian-Palestinian Standards Institute (or a coordinating
commission drawing from the resources of the respective national standards
institutes) to promulgate uniform standards and certify products in
intra-regional trade. This institute
or commission will insure that the entry of goods is subject to automatic and
uniform procedures regarding standards. Issue: The Peace Process has not yet produced the
anticipated economic improvements in Recommendations: The needs of Palestinian economic
development require Direct International Movement of goods. Free movement through More to be evaluated on the subject matter
such as: Standards as a Barrier to trade; Agricultural Trade; Protecting
Vulnerable Industries; Banking and Monetary Policies; Legal Aspects of Facilitating
Trade and Investment; and Strategic Cooperation to Facilitate Trade and
Investment. Chapter 5 Water: Conflict or Cooperation The West Bank and
Israel’s Water Crisis Water is one of the
important natural resources for most countries. This is especially true for developing
countries where land and water resources are limiting factors. In the Many Israelis claim
that Israeli withdrawal from the Clearly, this
presentation of the problem as Israelis and Palestinians see it today alike,
as an acute issue in dispute. Looking towards the
not so distant future we can easily see a doubling of the population within
the next generation. There will be
fourteen million people between the sea and the Jordan River using the
limited resources of the To resolve the
situation we must accept that all the parties involved are entitled to equal
allocation of water per person for domestic, urban, industrial use as well as
essential fresh crops and animal husbandry.
There is not enough available fresh water to provide for all of the
needs of all of the people if there are no controls on usage. The use of available water resources must
be allocated by economic and water quality concerns. The high grades of fresh water must be used
only for domestic use. Importation of
water on a commercial basis from neighboring countries may provide some
immediate relief, however, it is not a realistic long-term option. No people, the Israelis nor the
Palestinians, should become dependent on outside sources for their domestic
water needs. In order to protect the
existing limited reserves, a joint commission of Israelis and Palestinians
must be created to monitor use and to direct water policy. Wider regional efforts should be aimed at
high tech, high capital investment desalination plants, including the use of
hydrostatic gravity pressure and hydroelectric power for reverse osmosis
desalination or by the multistage distillation process (MED) or by a system
combining both methods. These high
capital investment projects will become possible when the atmosphere of peace
and cooperation reign rather than competition, unfair allocation and
overuse. Today it is possible to
demonstrate that there are potential solutions. Continued discussions between Israeli and
Palestinian water experts can help prepare the ground for future cooperative
realities. Only through cooperation
will A bold and generous
Water-For-Peace Plan can not only remove an important obstacle on the path to
peace but can provide a real motivation for peace which will enable the
partners to the dispute to solve urgent problems for the social welfare and
economic benefit of all. More evaluation of the subject matter recommended: The
West Bank and Israel’s Water Crisis; Palestinian Water Rights; The Water
Situation in the Gaza Strip; Approaches to Finding an Equitable Solution to
the Water Resources Problems Shared by Israelis and the Palestinians in the
Use of the Mountain Aquifer; and Culture, Conflict and Cooperation: The
Jordan River Basin. Chapter 6 The Impact of the DOP on the West Bank and Agriculture The agriculture sector in WBG has been suffering from the
lack of coordination among farmers regarding the type of farm or livestock
products that should be produced. Israeli based trade movement of agricultural products
(heavy restrictions on exporting Palestinian agricultural products to Trade The bulk of Palestinian goods for the last 26 years have
been traded mainly with neighboring The establishment of Palestinian Chamber of Commerce to issue certificates of origin, regulate quality control, and publish a Palestinian investment guide for the various economic sectors will definitely improve trade. As Palestinian exports increase during the transitional period so will its imports. Rebuilding the infrastructure will require large sums of raw and manufactured materials to be imported. Being funded by international aid and grants, provided by donor countries, the increase in imports will not cause the current trade deficit to widen in the future. Annex III states that “cooperation in the field of trade, including studies, and trade promotion programs, which will encourage domestic, regional and inter-regional trade, as well as feasibility study of creating free trade zones in the Gaza Strip and in Israel, mutual access to these zones, and cooperation in other areas related to trade and commerce” will be encouraged. Industry The industrial sector, like other sectors of the WBG, has
not yet been given the opportunity to grow to the size it would have (or
should have) under a sovereign state. Koor Industries has launched a two-track peace project called Salam-2000. The first track involves joint ventures with Arab firms in trade and industrial projects. The second track involves the establishment of an investment company with Palestinian businessmen and other international entrepreneurs to invest in the WBG. Some of the initial projects to be implemented by the new company are: 1.
A cement plant in the 2. Telecommunications infrastructure. 3. An agro-chemical formulating plant. 4.
Industrial parks in the 5.
Factories in the autonomous regions, as Palestinians become less
dependent on food from 6.
A trading company to export Palestinian goods to existing and new
markets, primarily in Tourism Tourism, as a service sector, has proven very valuable in
generating income, especially with the advancement of communication and
transportation. Domestic, regional and inter-regional tourism is expected
to compete vigorously with international tourism in the WBG, especially
cities like Finance Finance dates back to the time when men abandoned the
barter system and began using coins in their commercial transactions. Since that time finance has developed to a
very sophisticated system that entails banks, credit unions, depositing and
borrowing. Whether free or limited labor movement will be agreed upon
between Infrastructure Water supply and sanitation, electric power, transportation
and communication, solid waste disposal, public utilities, and housing are
all under-developed. A major
restructuring of all the sub-sectors of infrastructure must be immediately
initiated. Because they are viewed as
a responsibility of the public sector, infrastructural projects, except for
residential and to a lesser extent commercial housing, have been ignored by
the private sector. Estimates of the
costs of rebuilding the infrastructure have raised hopes of economic
prosperity but at the same time spread fears of its not being rebuilt. Although many Palestinians have taken upon
themselves the responsibility of estimating the cost of rebuilding the
infrastructure (estimated at around eleven billion dollars), none has
attempted to determine how it will be financed. Predictions on who will finance the
rebuilding of infrastructure have centered on the World Bank, United Nations,
Gulf countries, etc. Unfortunately, of
the anticipated donors, only a few have promised limited funds and those for
limited periods of time. It must be made clear that the future of the Palestinian
economy depends greatly on the quick provision of an adequate the Palestinians. While the spheres in which regional cooperation can be inaugurated are numerous, it is most evident that water, electricity, tourism, and transportation will occupy first place of importance. Each paragraph mentioned above needs more evaluation. Chapter 7 Law Reform in The The Case for Reform[1] The Palestinian Council now has the power to legislate the
creation of an efficient taxation system for the territories under
jurisdiction of the Palestinian National Authority (PNA). The establishment of such a reformed system
is an essential prerequisite for the economic development of these
territories. A new income tax law will
improve revenue collection, enhance general compliance with the requirements
of the law, and promote private sector development in the Palestinian
economy. The preparation of a new
income tax law should thus emerge as a foremost priority of the PNA. The Framework Provided by the Agreements Reform of the Palestinian income tax laws should be
undertaken with awareness of the tax framework provided by the
Palestinian-Israeli agreements. Under
the Interim Agreement, the tax powers exercised by the Palestinian Council
are divided into two classes of taxes: indirect and direct taxes.2 At present, the areas under the responsibility of the
Palestinian Council for tax purposes include More evaluation and updating is needed. ------ 2 Israeli-Palestinian Interim
Agreement on the West Bank and the Gaza Strip, Protocol on Economic
Relations: done in Chapter 8 The Legal Structure for Foreign Investment in the West
Bank and the This first Commercial Law Report focuses specifically on
the legal structure for foreign investment in the The current legal infrastructure for foreign investment includes: I. Foreign Investment Legislation and Military Orders II. Definitions of Foreign Investment and Related Terms III. Approval of Investment Applications IV. Guarantees of Nondiscriminatory Treatment V. Right to Repatriate Earnings and Capital VI. Incentives for Foreign Investment VII.
General Critique of Current Legal Structure It is widely understood that the current commercial law infrastructure, based on pre-1948 British Mandate law (in the Gaza Strip) and pre-1967 Jordanian law (in the West Bank), substantially modified by numerous Israeli military orders, is in dire need of modernization and harmonization. The legal climate for business is far from ideal, characterized by numerous regulatory hurdles and a lack of legal transparency, which increase the burden, risk and confusion involved in doing business. Priority must therefore be assigned to early progress in establishing a more modern legal framework that will give business and investors the confidence to move forward. Updating needed Chapter 9 Economy The Economic Impact of the Israeli-PLO Declaration of
Principles on the West Bank, The Declaration of Principles (DOP) calls on the
Palestinians and the Israelis to “cooperate in the context of the
multilateral peace efforts in promoting a development program for the region,
as initiated by the G-7. The parties
will request the G-7 to seek the participation in this program of the other
interested states, such as members of the Organization for Economic
Cooperation and Development, regional Arab states and institutions, as well
as members of the private sector.” The
calling on the G-7 to initiate economic development programs in the region
will certainly encourage other states and entrepreneurs to join in. Clear-cut cooperation between Israel and
Egypt has already been established in the signing of an agreement to
interconnect their electricity grids through Sinai. The Palestinian National Authority (PNA) will act as a chaperon, overlooking Palestinian interest, and directing and advising the private sector, which is expected to launch most investments leading to economic development. Bibliography 1. Working to Expand Democracy NDI, National Democratic Institute 2. Regional Trade Papers Keith Molkner J.D. IPCRI 3. The Lexus and the Olive Tree Thomas L. Friedman Duchot Books, Random House, NY 4. Water: Conflict or Cooperation Our Shared Environment Vision and RealPolitics in the Quest for Peace Chaia Beckerman, Gershon Baskin 5.
Israel/Palestine Center IPCRI for Research and Information 6. The Balance of Security Strategic Challenges Herzliya Conference Institute of Policy & Strategy 7. Democracy in the Global Village Jeycan Albalem Tehelet – 8. Bar Yosef, R., “Melting-pot,
Multiculturalism and Pluralism: The Israeli Case”. 9. F. Poggeler (Eds.), Meeting of
Cultures and Clash of Cultures, 10. Daniel J., “My brother is my Enemy: Can
the Temporal be Separated from
the Spiritual?” Palestinian-Israel
Journal of Economics and Culture No. 5,
1995. 11. Israeli-Palestinian Peace Documentation Series. Letter of invitation to
the
Interim Self-Government Arrangements; The
Agreement on the
Economic Agreement. Volume I,
Number 1. June 1994. The Road Map The Israelis and Palestinians were presented yesterday with
the following vision for a permanent
two-state solution to the current conflict.
The document remains unchanged from the draft drawn up in December 2002. The following is a performance-based and goal-driven road
map, with clear phases, timeliness, target dates, and benchmarks aiming at
progress through reciprocal steps by the two parties in the political,
security, economic, humanitarian and institution-building fields, under the
auspices of the Quartet (The U.S., UN, EU and A two-state solution to the Israeli-Palestinian conflict
will only be achieved through an end to violence and terrorism (when the
Palestinian people have a leadership acting decisively against terror and
willing and able to build a practicing democracy based on tolerance and
liberty and through Israel’s readiness to do what is necessary for a
democratic Palestinian state to be established, and a clear, unambiguous
acceptance by both parties of the goal of a negotiated settlement as
described below. The Quartet will assist in facilitating implementation of
the plan, starting in Phase I, including direct discussions between the parties
as required. The plan establishes a
realistic timeline for implementation.
However, as a performance-based plan, progress will require and depend
upon the good faith efforts of the parties, and their compliance with each of
the obligations outlined below. Should
the parties perform their obligations rapidly, progress within and through
the phases may come sooner than indicated in the plan. Non-compliance with obligations will impede
progress. A settlement, negotiated between the parties, will result
in the emergence of an independent, democratic, and viable Palestinian state
living side by side in peace and security with The Quartet will meet regularly at senior levels to
evaluate the parties’ performance on implementation of the plan. In each phase, the parties are expected to
perform their obligations in parallel, unless otherwise indicated. Phase I Ending terror and violence, normalizing Palestinian life,
and building Palestinian institutions present to May 2003. In Phase I, the Palestinians immediately undertake an unconditional
cessation of violence according to the steps outlined below. Such action should be accomplished by
supportive measures undertaken by Palestinians and Israelis resume security cooperation based
on the Tenet work plan to end violence, terrorism, and incitement through
restructured and effective Palestinian security services. Palestinians undertake comprehensive political reform in
preparation for statehood, including drafting a Palestinian constitution, and
free, fair and open elections upon the basis of those measures. At the outset of Phase I: ·
Palestinian leadership issues unequivocal statement reiterating · Israeli leadership issues unequivocal statement affirming its commitment to the two-state vision of an independent, viable, sovereign Palestinian state living in peace and security alongside Israel, as expressed by President Bush, and calling for an immediate end to violence against Palestinians everywhere. All official Israeli institutions end incitement against Palestinians. Security · Palestinians declare an unequivocal end to violence and terrorism and undertake visible efforts on the ground to arrest, disrupt, and restrain individuals and groups conducting and planning viol |