Egypt-Israel Taba dispute
The dispute over Taba concerned the location of 14 border markers demarcating
the boundary between Israel and Egypt on the Sinai Peninsula. It was left-over
from the 1979 treaty under which Israel agreed to withdraw from Sinai. At stake
were some few hundred square metres of beachfront, but also a large and
expensive
resort complex under Israeli ownership.
Following the treaty the two parties only agreed to refer the dispute to a
five-person tribunal in 1986, having failed to resolve the issues at stake
through
negotiation. The tribunal was restricted in its scope to deciding on either the
position put forward by the Egyptian side, or that of the Israelis - but not to
decide on new positions for the boundary markers. The Treaty's starting point
was
the treaty provision which stipulated that "the permanent boundary between
Egypt and Israel is the recognized international boundary between Egypt and the
former mandated territory of Palestine," and in arriving at its decision
heavily relied on the location of boundary pillars during the mandate period -
i.e., between 1923 and 1948.
Israel argued that the boundary should be construed as that which had been
established in an agreement between Egypt and Turkey in 1906, and pursuant to
which
pillars had been erected at intervisible points between Egyptian and Ottoman
territory. The tribunal members however agreed that the relevant pillar
locations
were of those that had been in existence at the time of the mandate.
The most critical pillar location was that of the final pillar at Ras Taba, and
both parties submitted documentary evidence which they believed would support
their claim regarding its historical location. The tribunal ultimately gave
weight
to photographic evidence for the existence of a pillar on the Taba shoreline
which had been removed prior to 1970 in an Israeli road-building scheme.
For nine of the remaining pillars, the tribunal applied a straightforward
methodology. It drew a straight-line connecting the adjacent agreed pillars,
and
decided in favour of each pillar nearest to the line - and in so doing awarded
five
pillars to Egypt, and four to Israel. Four other pillars were awarded to Egypt.
For the arbitration decision, please see the Menas Borders eLibrary.
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