The Wye River Memorandum:
Making Economic Prosperity
for Palestinians a Reality

Jane Glezin

Washington College of Law
American University
Washington D.C.

Copyright © 2000 by Jane Glezin

Cite as 1 ALSB INT'L BUS. L.J. 24


Introduction | Part I: Post-Oslo Effects on Palestinian Economy | Part II: The Wye River Memorandum | Part III: Will Palestinians Achieve Economic Prosperity Under Wye? | Conclusion


Introduction

On October 29th, 1998, the State of Israel and the Palestine Liberation Organization ("PLO"),1 with the help of the good offices of the United States, signed the Wye River Memorandum (the "Wye Memorandum" or the "Agreement").2 The Agreement’s purpose is to facilitate implementation of the previously signed agreements between Israel and the PLO.3

The Wye Memorandum intends to monumentalize both sides’ commitment to peace through confidence building measures and a parallel and reciprocal phase approach to implementing the agreed provisions. The Agreement contains a strict time table and allows the Central Intelligence Agency (the "CIA") to be directly involved in carrying out security provisions.4 The Wye Memorandum recognizes that both sides have responsibilities, including those related to Israeli security and Israeli redeployments from the West Bank and Gaza Strip.5 Furthermore, the Wye Memorandum acknowledges the importance of the Interim Committees6 on economic issues to promote economic cooperation between Israel and the Territories in general, and the growth of Palestinian economy in particular. What remains, however, is a paradox: without peace there will be no economic development in the Territories, but without economic growth Palestinians will not view peace with Israel to be in their best interest, and will continue to threaten Israel’s security, thus decreasing potential for peace.7

This Comment argues that with the implementation of the Wye Memorandum the Territories will enjoy economic prosperity. To facilitate growth of the Palestinian economy the Palestinians must assure Israel’s security by complying with the already agreed security provisions of Oslo and Wye, create adequate administrative and legal infrastructures, and rid their government of corruption. Should the PLO fulfill their obligations, private investment to promote agricultural trade will increase, American-Arab-Israeli joint ventures will be realized, and free trade between Israel and the Territories will be actualized.

Part I of this paper will discuss the interdependence of economics and the political climate of the Territories with Israel after Oslo. Part II, Section A will discuss the text of the Wye Memorandum. Section B will introduce and discuss the innovative provisions of the Agreement, which are the unrealistic time table and the intrusive CIA’s involvement. Finally, Part III will propose that the implementation of the Wye agreement depends on the Palestinians actively complying with the agreed provision of the agreements and improving their internal conditions.

Part I: Post-Oslo Effects on Palestinian Economy

When Yitzhak Rabin8 and Yasser Arafat9 signed the Oslo Accords,10 they understood that "Palestinians who see no improvement in their standard of living or find no economic opportunities as a result of the peace process will question the wisdom of making deals with Israel and perhaps support forces that oppose the peace process."11 Shimon Peres12 stated on numerous occasions that "a dollar invested in the West Bank or Gaza is two dollars invested in Israeli security."13

There is evidence of significant growth potential in the Territories14 but Israeli security policies of closures,15 Palestinian economic dependency on Israel,16 and Islamic fundamentalism reflect investors’ and potential trade partners’ reluctance to invest in the Palestinian people.17 The Oslo Accords assumed confidence of both sides in their leaders and their people, while in reality, mutual mistrust and noncompliance with the agreed provisions contributed to the Palestinian economic stagnation and political instability in the region.

First, as a result of numerous attacks18 on Israelis carried out by militant Palestinian terrorist groups in 1993, closures of Israeli borders to Palestinians became a common Israeli policy.19 Throughout the years, Palestinians became dependent on Israel for employment,20 but during closures many were unable to enter Israel.21 Consequently, Israel recognized that substituting Palestinian labor with foreign or mechanized one would decrease the potential for future acts of violence by Palestinians.22

Second, Palestinian trade has been dependent on Israel23 since the Six Day War24 and finally, the Economic Protocol of 199425 outlined their trade practices.26 The Economic Protocol, while perpetuating Palestinian dependence on Israel, provided independence that Palestinians previously did not enjoy. The Protocol has three major features: (1) the freedom of movement of goods27 between Israel and the Territories28; (2) the modified customs union between Israel and the Territories29; and (3) the ability of the Palestinian Authority (the "PA")30 to open export markets for Palestinian goods.31

Under the Economic Protocol, Palestinian industrial and agricultural goods have unrestricted access to the Israeli market.32 This freedom of movement intended to eliminate the discrimination that Palestinian goods had suffered since the Six Day War of 1967,33 and promote popular Palestinian support for close economic relations with Israel.>34 Furthermore, through the US-Israel Free Trade Agreement Palestinian goods have access to the U.S. market, thus enabling the Palestinians to press for increased economic aid and political support from the United States.35 Security-motivated border closures, however,36 have continued to severely disrupt Palestinian access, not only to the Israeli market, but consequently, to foreign markets.37

Another feature of the Economic Protocol is the establishment of the customs union38 between Israel and the Palestinians. Under the customs union, Palestinian import taxes must be the same or higher than Israeli import taxes on equivalent goods.39 The Economic Protocol, however, affords Palestinians some independence in setting tariffs: (1) Palestinians may set their own tariff rates in accordance with "Palestinian market needs" when importing specified goods from Jordan, Egypt, and other (primarily Arab or Islamic) countries,40 should these imports exceed the agreed amounts, however, they become subject to prevailing Israeli tariff rates,41 and (2) Palestinians may set the tariff rates to specified goods described as "basic food items and other goods for the Palestinian economic development program," without quantitative restrictions.42

Even though the customs union offers benefits to the Palestinians, there are negative effects that the Territories endure. First, Palestinian consumers pay more for imports while lacking economic benefits to compensate for the high prices.43 Second, because of the constraints of the customs union, the Palestinians are unable to promote their exports to foreign markets.44 Third, revenue received from tariffs accrues to the Israeli government and not to the PA.45 Fourth, the loss of "tens of millions dollars of revenues" also makes the PA more dependent on foreign aid and philanthropic contributions as the means of funding. Fifth, the PA’s dependence on Israel creates a "trade-diversion," where the Palestinian goods are channeled to the Israeli producers who enjoy these products duty-free (in accordance with Economic Protocol), instead of to potentially more efficient customers.46 Finally, the customs union created an inefficient and complex set of rules for anyone who wants to pursue business with the Territories.47

The Economic Protocol also grants the Palestinian Authority the power to negotiate agreements with states and international organizations to expand market access for Palestinian exports.48 This feature allows Palestinians more independence and the opportunity to expand their market for further development and growth. It also provides them an opportunity for greater access to regional and global markets, and can help attract potential investors who are interested in utilizing the Territories as an export platform.49

Even though the Economic Protocol and Israeli law govern the Palestinian economy, sustaining the constraints of the customs union and security closures, Palestinian dependency on Israel promotes their trade with other countries.50 Moreover, the Euro-Mediterranean Agreement may lead to an increase in exports between the Palestinian Territories and Middle East and North Africa region (the "MENA" region).51 If PA becomes a member of the MENA region and party to the Euro-Mediterranean Agreement, they will enjoy the same benefits as other members. In addition, should the MENA countries reduce the tariff rates, the Palestinians will benefit from such economic liberalization by their goods reaching MENA markets via the European Union.52 Another advantage for the Palestinians as members of the MENA region is the liberal rules of origin that apply to products from MENA members.53 Also, Palestinians might increase exports to MENA countries, party to the Euro-Mediterranean Agreement, if those goods could be exported to the European Union along with the already existing ones, and if they do not jeopardize the products’ preferential tariff treatment.54

Part II: The Wye River Memorandum

A. Text
The Wye Memorandum and the Oslo Accords alike tie Palestinian economic prosperity and Israeli redeployment from the Territories to Israeli security. In fact, the Agreement’s primary focus is bilateral and trilateral (with the United States) cooperation to facilitate Israeli security.55 Similar to previous agreements, the Wye Memorandum demonstrates that both sides understand the importance of promoting economic development in the Territories,56 but Israeli security still takes precedent over Palestinian economic concerns.57 Furthermore, the Agreement recognizes the pressing need to resume permanent status negotiations.58 In addition, both sides agreed that negotiations must be held in a "positive environment," thus unilateral actions by either party are prohibited by the Memorandum.59 Finally, the Memorandum has a Time Line, allowing the unrealistic 12 weeks for its implementation.60

As both sides comply with security provisions, Palestinians will get more land61 under their complete control, greater access to water resources,62 and the benefits of further economic development. Part III63 of the Wye Memorandum maintains economic committees established by the Interim Agreement,64 provides for the timely opening of the Gaza Industrial Estate65 and the Gaza Airport,66 and encourages immediate negotiations on safe passage routes for Palestinians to travel safely within their territory and between the West Bank and Gaza.67 This freedom of movement will promote internal Palestinian trade, cooperation, and overall economic growth.68 Furthermore, the Wye Memorandum allows for the establishment of the Gaza Port,69 promotes cooperation of both sides to resolve unsettled legal issues70 and to improve their economic relationship.71 Finally, both sides agree that foreign aid is crucial for successful implementation of the agreements, as well as for Palestinian economic development.72

B. New Provisions
The letter and the spirit of the Wye Memorandum, and of the Oslo Accords, is centered on mutual trust and cooperation, where both sides gain much from its implementation. While Oslo emphasized "land for peace" principles, where land was exchanged for promises, Wye focuses on the Palestinians actually "earning" their independence. In short, Palestinians gain land and desperately needed economic development, only when Israel gains security and is assured of Palestinians’ desire of peaceful coexistence. Moreover, the U.S. is an active participant in the implementation of the Memorandum. Historically, the United States has been Israel’s closest friend, partner, and ally and has supported the peace process from the start acting as a mediator.73 Regrettably, the Memorandum undermines the U.S.-Israel relations, infringing on Israel’s sovereignty through the operative involvement of the U.S. government.74 The Memorandum itself does not introduce any new provisions regarding either Israeli security or Palestinian economic development, and in fact it does not supersede any of the previously agreed ones.75 However, what has been added to the Memorandum that previous agreements did not contain are the following: (1) the time table, and (2) the active involvement of the CIA.

          1. The Time Table
It was unrealistic to include such a speedy time table for the implementation of the Memorandum given the consistent Palestinian non-compliance with the previous agreements. Israel signed the Wye Memorandum, as well as the previous agreements with the PLO, with the assumption that both sides will comply with the agreed provisions. Since 1993 the Israelis provided new "encouragements" for the Palestinians to keep their original promises made at Oslo and other multiple agreements,76 but the PLO again has failed to meet its obligations. As a result, the implementation of the Memorandum was suspended in December 1998,77 after riots in the Territories.78

          2. The CIA’s Active Involvement
With the passage of the Memorandum, the United States has become an active participant in the peace process.79 The CIA has been assigned the intrusive role of a "security adjudicator,"80 to oversee Israeli and Palestinian compliance of with the security provisions and actions against terrorism outlined in Wye. The CIA’s becoming a "third partner" in the peace process creates at least three problems: (1) the "limited" CIA involvement is limited only on its face; (2) the CIA undertakes responsibilities that only a Sovereign has; and (3) the CIA’s active participation will take away from the parties’ responsibility to agree to peace on terms acceptable to both parties.

On its face, the role of the CIA seems to be limited. All the Agency has to do is to collect and assess intelligence information and pass it to the President, the Department of Defense, and Congress.81 The first underlying assumption here is that the CIA is capable of collecting and assessing intelligence information. This begs the question of whether today’s CIA be trusted to do a competent job. Looking at various events in 1998, the answer is likely to be no. In May, the CIA was surprised by India’s nuclear tests. Another surprise for the CIA came in August, when the North Koreans completed the third stage of their three-stage ballistic missile shot and launched a missile over Japan.82

The second underlying assumption regarding this trilateral arrangement is that the U.S. political apparatus will use the information provided by the CIA to make unbiased decisions. There is ample evidence that proves otherwise. For example, During the UNSCOM controversy, the Clinton Administration sacrificed findings of Saddam Hussein’s violations presented by UNSCOM inspector Scott Ritter, for evasion of confrontation and for putting a political spin on the program’s success.83 Arguably, the Memorandum makes the U.S. a partner in the peace process, inevitably subjecting it to the complexities of the process itself and to the politics of the parties, therefore increasing the possibility of damaging relations trilaterally.84 Therefore, following this Administration’s record, it is likely to instruct the CIA to go along with the PLO’s violations and treat Arafat the same as it did Hussein, i.e. reject confronting the violator and create the illusion of victory.85

Moreover, the Clinton Administration continuously rewards Palestinians as they repeatedly break their promises made in Oslo. The First Lady’s statements86 and Secretary Albright’s ultimatums exemplify this trend.87 Furthermore, President Clinton’s visits to Gaza even though supported by the American people, proved to be fruitless. The President should have demanded the PLO leadership to take a harsher stand against terrorism, halt incitement of violence, and rid its media of anti-Semitic propaganda.88 Instead, the President promised them more aid. In hopes of building a legacy for the President, the "process" of peace instead of the terms of peace itself consume this Administration. In doing so, the Administration will take credit for a short-term affectation of peace on terms not fully acceptable to Israel. Unfortunately, this Administration is treating the PLO, a terrorist organization with sporadic support for the United States at best, on equal footing with Israel, America’s loyal ally.89

Second, the United States’ participation in the peace process as a third party takes away from Israel’s sovereign responsibilities. The CIA’s particular duties are to make sure that Palestinians assure Israel her security, while assurance of security has been strictly the responsibility of a sovereign.90 Only the Israeli government knows when Israel is secure. Most importantly, the CIA inexorably will resort to picking sides when Israel and the PLO disagree whether either side has been complying with the agreed provisions.91 In such a situation, only Israel’s voice must count since it is her security that is at stake.92 Moreover, when the Administration disagrees with Israel on compliance, such disagreement will seriously damage the special relationship that Israel has developed with the United States through the years.93

Third, when Israel and the PLO rely on the CIA for peace keeping, they will decline to assume the responsibility to maintain peace themselves.94 The Wye Memorandum allows the CIA to make determinations of whether Palestinian compliance is satisfactory, and does not require the CIA sharing that information with Israel. For example, the Agreement states that the Palestinians must submit the plan of ridding the Territories of terrorist groups to the U.S. for evaluation. After the U.S. deems the plan to be satisfactory, it is to be implemented immediately.95 The Agreement explicitly does not allot Israel the authority to evaluate such Palestinian plan that would have direct consequences to Israeli security. Furthermore, the CIA’s involvement eliminates the need for the two sides to cooperate with one another directly, when it is in their short- and long-term interests to do so. Prime Minister Netanyahu admitted that allotting this much responsibility to the CIA was an American initiative; it is thus reasonable to suspect that the Prime Minister accepted this proposal, adverse to Israel’s interests, under pressure from American officials.96

Part III: Will Palestinians Achieve Economic Prosperity Under Wye?

A. Barriers to Palestinian Economic Development
Should Israel and the PLO implement the Memorandum, there will be economic growth in the Territories. However, as Arafat signed the Oslo Accords and the Memorandum, he had to understand that economic improvements of the Territories could not exist in a vacuum. Israeli officials repeatedly stated that unless Arafat assures Israeli security, there could not be an independent Palestinian State.97 Arafat, at least in theory, should want to do everything possible to provide that security in order to gain Israel’s trust, stability in the region, and the desperately needed economic growth for his people. Yet the reality has repeatedly proven to be otherwise. There are two barriers that the PLO must overcome in order to achieve economic growth in the Territories: (1) comply with promises made at Oslo and Wye, and (2) address internal problems.

          1. Palestinian Non-compliance with Oslo and Wye
Israel has signed peace agreements with the PLO expecting changed Palestinian behavior, but if Palestinians fail to comply, Oslo provides for Israel’s suspension of her commitments.98 Oslo Accords have not been a good deal for Israel: Israel exchanged land for empty promises of the Palestinians.99 As provided in the Memorandum, Israel agreed to give up more land while the Palestinians promised again to keep their original concessions.100 So far, their compliance has been minimal.101 For example, after Wye, Palestinian and Israeli police conduct joint patrols on daily basis.102 Arafat also pledged to amend the clauses of the PLO Charter that call for Israel’s destruction in 1993 at Oslo,103 yet still has not done so. The Palestinian Charter explicitly states that it can be amended only "[by]a majority of two-thirds of the total membership of the National Congress of the Palestine Liberation Organization at a special session convened for that purpose."104 The "symbolic" show that leaders of the PLO have put on before President Clinton on December 14 1998, hardly qualifies.105

Moreover, the Palestinians have failed to comply with other previously agreed provisions. First, incitement of violence, explicitly prohibited in the Memorandum, has continued.106 On December 1, 1998 Abu Alaa, the speaker of the PA Parliament, promised that the liberation fight will continue,107 after Israeli President Weizman had repeatedly asked Arafat to denounce the "armed struggle" in Arabic.108 Contrary to Weizman’s requests, however, Arafat stated in Arabic that in addition to the armed struggle against Israel, the signing of the peace agreements signifies a part of the PLO’s 1974 Plan of Stages, designed to destroy Israel by "lulling and weakening" her politically.109 Furthermore, during the Gulf War in 1991,110 the Palestinians openly supported Iraq, as they did in 1998,111 and burned U.S. and Israeli flags in protest of the U.S. attacks.

Second, On December 9, 1998 Arafat made statements promising to unilaterally declare an independent Palestinian State,112 which is expressly prohibited by the Memorandum.113 Arafat did not follow through with his promise, but such action shows the PLO’s gross disregard for Israel and the peace agreements. Third, while the Memorandum requires the Palestinian Authority to take measures to outlaw and eliminate terrorists and their infrastructure, so far the PA has been conducting reactive operations focusing on isolated targets.114 Fourth, the PA has not been making a serious effort to collect illegal weapons as required by the Memorandum.115 Fifth, Palestinian leaders "fabricated a crisis" out of the issue of prisoner release, resulting in anti-Israeli violence in December 1998.116 Israel has already released 250 prisoners, in accordance with the Memorandum,117 but declined to release those involved in murders of Israelis.118 Finally, the PLO must abolish its "revolving-door" policy toward terrorists held in its custody and stop accepting terrorists into the Palestinian police forces.119

          2. Internal Problems
The Palestinians’ consistent refusal to acknowledge the right for the Jewish State to exist has significantly contributed to their poor economic conditions since 1993. While Israel’s policies in the Territories from 1967 contributed to Palestinian economic stagnation, Palestinians must share responsibility for their internal inadequacies.120 The Palestinian Authority has to apply the following compelling means with which to facilitate economic growth in the Territories (the list is not exhaustive): (1) create legal and administrative infrastructures; (2) stop creating trade monopolies; and (3) rid itself of corruption.

First, the PA must create adequate legal and administrative infrastructures to promote investment and trade. For example, Gaza and the West Bank have different legal systems,121 and their commercial law is confusing, complex and intimidating to foreign investors.122 In 1993 the World Bank published a report stating that the peace process will enable the Palestinians to legislate laws to involve the private sector in commerce in general, thus use it to start off economic development and growth in particular.123 The Palestinians, however, have failed to provide their citizens and foreign investors with commercial and investment laws that could be utilized efficiently and effectively.124 In response, foreign investors and businesses interested in dealing with the Middle East prefer to invest in the stable, prosperous, and West-friendly economies of Israel and Jordan.125

Furthermore, the PLO relies heavily on international donors for facilitating economic sustainable development in the Territories, yet it failed to efficiently provide a forum for aid delivery. For example, the PLO took six months to staff and organize the Palestine Economic Council for Development and Reconstruction.126 The U.S. and the European Union could not provide Palestinians with the needed aid, because there was no one on the receiving end.127 As a result of political violence and lack of adequate legal and administrative infrastructures in the territories, the international donor community is cautious to supply Palestinians with the large amounts of aid.

Second, the Palestinian Authority must eliminate nepotistic trade monopolies that it has created for itself.128 A primary example is the Palestine Development and Investment Company ("PADICO"), headed by the Al-Masri family, that owns 49% of the shares of its subsidiaries.129 This casts a doubt as to whether Arafat is committed to a free market economy130 and whether Palestinians will comply with Oslo and Wye and build a democracy or perpetuate the status quo under a dictatorship.131 Israeli officials fear adverse effects of the monopolies to include poverty promulgation in the Territories resulting from disengagement of their private sector from economic development, and contribution to further underdevelopment of their economy and terrorism.132

Third, the Palestinian Authority must rid itself of corruption133 and reestablish the trust of its own people along with that of investors, trade partners, and donors. In 1997, the Israeli newspaper Ha’aretz published a report on secret accounts in Tel Aviv used by Arafat and other Palestinian officials.134 Later that year, a British newspaper,135 published in detail the extent of the PA’s corruption.136 In May 1997, the Palestinian Authority publicly disclosed the losses that accrued due to its corruption and mismanagement to be approximately $326 million in public funds, correlating to about 40% of the PA’s annual budget.137 Hoping to calm the public’s discontent, Arafat allowed the Palestinian Authority’s Public Monitoring and Audit Department to investigate corruption in ministries and branches of his government.138

Despite the fact that the international community and many Members of the Palestinian Legislative Council have condemned the corrupt practices of the Palestinian Authority and called for changes, not much has been done.139 As a result of the current situation within the Palestinian government, foreign investors, trade partners, and donors are unwilling to put more money into the Palestinian economy.140 Another consequence of PA’s corruption is that as Arafat loses popularity, the militant group Hamas gains it, which has direct effects on Israel’s security and the security of the world at large.141

B. If Wye is Implemented

If and when Israel and the PLO resolve the fundamental dichotomy between Israeli security and Palestinian independence, political stability in the Middle East will be sustained through economic means. Palestinians, after establishing legal and administrative infrastructures, will break the "cycle of mistrust, violence, and instability"142 when they accept Israel’s right to exist and begin to normalize relations with Israel through economic interdependence. In addition to the economic benefits outlined in the Memorandum, Palestinians will be able to take advantage of additional ones, including, but not limited to: (1) private investment to promote agricultural trade to the Territories; (2) American-Arab-Israeli joint ventures; and (3) a free-trade agreement between Israel and the PA.

          1. Private Investment to Promote Agricultural Trade
With the growth of unemployment and the explosion of population growth, the Middle East in general and the Palestinian Territories in particular are facing food shortages and lack of employment opportunities.143 Moreover, the Palestinian export market is facing competition from the vibrant Israeli and Jordanian economies.144 Historically, Palestinians have exported agricultural goods while importing manufactured products. In light of increased risks of food and water shortages, however, they will have to reconsider their export practices.145 The establishment of the Gaza Industrial Estate was a step to selective industry development, aimed at specializing in "new lines of industrial endeavors for the local and export markets."146 Increasingly, the Territories will become dependent on their exports of food.147

To solve the emerging internal and external problems, the private sector, not the government, must be responsible for providing the resources for "job creation, industrial expansion, and export promotion."148 While the PA was concentrating on establishing various ministries149 in hopes of revitalizing their economy, what the PA should have done was promote involvement of the private sector in the economy. Moreover, the engagement of new producers will minimize the risk of monopolistic abuse.150 The PA nevertheless has a responsibility to channel public policies to create public policies that assure food consumption above an accepted level,151 and to support the private sector by encouraging savings and investment at high rates.152

          2. American-Arab-Israeli Joint Ventures
Another benefit that Palestinians may enjoy as "equal partners" with Israel after implementing the Memorandum is an option to partake in joint ventures with Israel and possibly the United States. A joint venture system will also facilitate development and sustainment of export-led growth of the Palestinian economy based on private investment.153 The joint venture program has political as well as economic benefits. Politically, it will promote integration, embedded in trust and cooperation for all parties, which will decrease antagonism between Jews and Arabs.154 Economically, joint ventures effectively reduce risks, as "[a] joint venture allows the undertaking of speculative endeavors without exposing assets to unlimited liability."155 Furthermore, Israel is an attractive partner for joint venture schemes because of its highly educated and skilled labor force, and its sophisticated legal and administrative infrastructures with incentives to promote foreign direct investment.156 Palestinians, on the other hand, can offer cheap labor force.

U.S. companies will benefit both parties and will gain benefits themselves from participating in Palestinian-Israeli joint ventures. First, the United States will maintain good relations with Israelis and Arabs, and remain a "leader" in the Middle East.157 Second, because Israel has enjoyed a free trade agreement with the Europeans, the U.S. companies will be able to penetrate the European market via Israel on competitive terms.158 Finally, the United States can use those companies as a "tool" to promote its own economic and strategic goals in the Middle East and Europe.159

          3. Free Trade Agreement between Israel and the PA
As Israel gains trust in the Palestinians, and both sides agree on where borders separating them are, it will be beneficial for both sides (but especially for the Palestinians) to substitute the customs union with a free trade agreement.160 FTA will help Palestinians implement export-led economic policies, facilitating economic development, while decreasing security risks for Israel. The FTA provides for economic growth without the expense of political dependence, which is exactly what the Palestinians have been trying to achieve.161 Moreover, the Palestinians will be able to diversify their export and import outlets by penetrating European, American, and Canadian markets via Israel,162 thus decreasing their dependence on Israel. Palestinians will also be able to trade with other Arab markets, which they could not do previously because of the Arab embargo against Israel.163

Conclusion

Undoubtedly, there are economic benefits insured for the Palestinians if they renounce violence and combat terrorism as outlined in Oslo and Wye. Keeping in mind that Wye did not bind Arafat with any new responsibilities, it stands to reason that if he complied with what he had originally agreed to at Oslo, Palestinians would have experienced economic growth starting in 1993.  Furthermore, if the Palestinians and other Arab states had recognized the right of the Jewish State to exist in 1948, they could have had economic prosperity staring 50 years ago.

IBLJ

Copyright © 2000 by Jane Glezin

ALSB International Business Law Journal