The Definition of the Israeli International Boundaries in the Vicinity of Eilat

The Definition of the Israeli International Boundaries in the Vicinity of Eilat

The Definition of the Israeli International Boundaries in the Vicinity of Eilat Haim SREBRO, Israel Key words: International Boundary, Maritime Boundary, Gulf of Aqaba/Eilat, Israel-Egypt Boundary delimitation, Israel-Jordan Boundary Delimitation ABSTRACT The Gulf of Eilat, and especially the head of the gulf, is populated and flourishing today more than ever, at least since the harmony between King Solomon and the Queen of Sheba. Until 60 years ago, the area was deserted with few hundreds people. Today the population is over 160 thousand people and with the tourists and vacationers around 200 thousand people. Three special boundaries were defined at the head of the Gulf of Eilat/Aqaba. Two of them are land boundaries – between Israel and Egypt and between Israel and Jordan. The third is the maritime boundary between Israel and Jordan. The two land boundaries are originated historically in the process of coming a part of the Ottoman Empire, that reigned around 400 years between 1416 and WWI. The maritime boundary was the first maritime boundary in the Territorial Sea in this corner of the world. This article analyzes the process of delimiting these three boundaries which are at the vicinity of FIG conference venue. Two of them are only hundreds of meters from the conference site. Dr. Haim Srebro was responsible for the demarcation and documentation of the international boundary between Israel and Egypt. He was responsible for the delimitation, demarcation and documentation of the land and maritime boundaries between Israel and Jordan, and signed the boundary delimitation documents in the Peace Agreement between the two states. Dr. Srebro serves today as the Director General of the Survey of Israel and is the Conference Director of FIGWW2009. TS 3A – New Challenges in Land Administration 1/19 Haim Srebro The Definition of the Israeli International Boundaries in the Vicinity of Eilat FIG Working Week 2009 Surveyors Key Role in Accelerated Development Eilat, Israel, 3-8 May 2009 The Definition of the Israeli International Boundaries in the Vicinity of Eilat Haim SREBRO, Israel SUMMARY The Gulf of Eilat, and especially the head of the gulf (Figure 1), is populated and flourishing today more than ever, at least since the harmony between King Solomon and the Queen of Sheba. Until 60 years ago, the area was deserted with few hundreds people. Today the population is over 160 thousand people. Three special boundaries were defined at the head of the Gulf of Eilat/Aqaba. Two of them are land boundaries – between Israel and Egypt and between Israel and Jordan. The third is the maritime boundary between Israel and Jordan. The two land boundaries are originated historically in the process of coming a part of the Ottoman Empire that reigned around 400 years between 1416 and WWI. The maritime boundary was the first maritime boundary in the territorial sea in this corner of the world. The boundary between Israel and Egypt at Taba was defined originally in 1906 between the Egyptian Khedivate (under British control) and Turkey ruling the Ottoman Empire. This boundary was defined after a violent conflict. In December 1981, during the demarcation of the international boundary between Israel and Egypt, in accordance with the 1979 Peace Treaty, a dispute broke up with regard to the boundary at Taba. The dispute was brought up to arbitration of an International Tribunal in 1986 and an award was given in 1988. At the beginning of 1989 the boundary was demarcated at the shore of Taba. The boundary was jointly surveyed in 1992 using GPS and a common datum was defined. Since then the area flourishes, especially due to tourism. The boundary between Israel and Jordan was defined originally in 1922, in a verbal way, by the British High Commissioner, as part of the British Mandate over Palestine and Trans- Jordan. This boundary was not demarcated through the period of the Mandate. The appearances of the boundary line on maps were mistaken and inconsistent. In May 1946, on the eve of the Jordanian independence, the British survey departments of Palestine and Trans- Jordan demarcated jointly the boundary at the vicinity of the Gulf of Aqaba. This demarcation and documentation was the reference for the boundary delimitation in the 1994 Peace Agreement between Israel and Jordan. The new boundary was jointly demarcated and surveyed in 1995 using GPS, and was documented on the basis of a joint boundary datum. Article 15 of the 1982 UN Convention on the Law of the Sea (UNCLOS), defines the delimitation of maritime boundaries in the territorial sea between two states that have adjacent or opposite coasts. Israel and Jordan have on the head of the Gulf of Eilat/Aqaba both adjacent and opposite coasts. The coastal point of the land boundary between Israel and Jordan is not on the middle of the northern shore of the gulf. In October 1995 Israel and Jordan agreed on a method of defining a maritime boundary in the head of a gulf. This is an international innovation. This method includes a definition of a point of transition between the zones of adjacent and opposite coasts. On the base of this agreement a Maritime Boundary TS 3A – New Challenges in Land Administration 2/19 Haim Srebro The Definition of the Israeli International Boundaries in the Vicinity of Eilat FIG Working Week 2009 Surveyors Key Role in Accelerated Development Eilat, Israel, 3-8 May 2009 Agreement was signed in January 1996 delimiting the boundary by coordinates and a map. Until today this is the only maritime boundary in territorial sea in this corner of the world. This article analyzes the process of delimiting these three boundaries which are at the vicinity of the FIG conference. Two of them are only hundreds of meters from the conference site. Fig 1: The Head of the Gulf of Eilat/Aqaba (Sade A. R. et al, 2008) 1. THE BOUNDARY BETWEEN ISRAEL AND EGYPT AT TABA The head of the Gulf of Eilat/Aqaba used to be an abandoned area during long periods of history, except the time of king Solomon and a few additional periods. This was the situation at the beginning of the 20th century. Since 1416 the Ottoman Empire reigned over the Middle East. The final disintegration of this empire, during WWI was the engine of the process of creation of modern states all over the Middle East, the final expressions of which had not settled yet. A preliminary sign of the weakening of the Ottoman Empire, and its influence on the creation of the boundary near Eilat, was practiced in 1841. In this year, the Sultan at Istanbul published a Firman (Order) with an attached map (Biger G., 1978), following the victories of the Egyptian Mohammed Ali, granting him kingdom over Egypt and northern part of Sinai (until a line between El Arish and Suez). In addition Mohammed Ali and his successors were granted protection over South Sinai and over the pilgrimage roads to Mecca. This included the area of Aqaba and the controlling posts at Aqaba and along the eastern coast of the Red Sea on the way to Mecca. TS 3A – New Challenges in Land Administration 3/19 Haim Srebro The Definition of the Israeli International Boundaries in the Vicinity of Eilat FIG Working Week 2009 Surveyors Key Role in Accelerated Development Eilat, Israel, 3-8 May 2009 In 1892, ten years after Great Britain took over Egypt, the Turkish Sultan tried to restore his government over Sinai, but the Egyptians, with the British Support, succeeded to stop this intention. In addition, the Egyptian authority over the pilgrimage along the eastern coast of the Red Sea, from the Fort of Aqaba southwards, was taken from them. At the beginning of 1906 the Turks tried to push their authority westwards to the Sinai, especially in order to rule water sources at Taba, Qseima and other places, and to rule the pilgrimage road from Gaza to Aqaba (Darb el Gaza) for the use of their military forces. The Turkish commander in charge of Aqaba, Rushdi Pasha, constructed a military post at Marashash (Eilat today). In spite of the British threats, the Turks sent a military unit to stay at the mouth of Wadi Taba. A British war ship with Egyptian soldiers was sent to the vicinity of Taba. In addition, the British Government sent a requirement to the Sultan to settle, by a joint boundary commission, the boundary line between Rafah and the Gulf of Aqaba. This requirement was supported by British military measures at the Aegean Sea. These violent British measures in May 1906, the major intention of which was to push the Turks eastwards in order to prevent them from an attack westwards in order to gain control over the Suez Canal, succeeded. In May 1906 the two sides signed an agreement to demarcate an administrative line between the Egyptian Khedivate and the Ottoman Empire (Brawer M., 1988, p. 60-74) A preliminary field demarcation followed this agreement, defining Ras Taba as the most southern boundary point. On 1 October 1906 a final boundary agreement was signed (The Turco-Egyptian Agreement, 1906) including a small scale map (Figure 2). TS 3A – New Challenges in Land Administration 4/19 Haim Srebro The Definition of the Israeli International Boundaries in the Vicinity of Eilat FIG Working Week 2009 Surveyors Key Role in Accelerated Development Eilat, Israel, 3-8 May 2009 Fig 2: The Map attached to the 1906 Agreement Article 1 of the Agreement says: "The Administrative separating line as shown on the map attached to this agreement begins at the point of Ras Taba on the western shore of the Gulf of Akaba, and follows along the eastern ridge overlooking Wadi Taba…".

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