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26 Geo. Int'l Envtl. L. Rev. 175 (2013-2014)
Invalidating the Orontes River Treaty in the Context of Middle Eastern Politics

handle is hein.journals/gintenlr26 and id is 191 raw text is: Invalidating the Orontes River Treaty in the Context of Middle Eastern Politics TAMMAM KAISSI* ABSTRACT The Orontes River originates in Lebanon and runs north through Syria and Turkey before discharging into the Mediterranean Sea. Because of an ongoing territorial dispute over the Hatay region, there are no agreements between Syria and Turkey relating to the allocation of Orontes River water' Conversely, Syria and Lebanon concluded a bilateral treaty (the 1994 Treaty and the 1997 Addendum) allocating Orontes River water Nevertheless, many Lebanese sus- pect the legitimacy of the Orontes River treaty, because it was concluded and supplemented during the Syrian military presence in Lebanon from 1976 until 2005. This article examines the treaty concluded between Syria and Lebanon concerning the Orontes River, as well as the circumstances surrounding its conclusion. It argues that Lebanon may invalidate this treaty on the basis of international law and explores possibilities for future cooperation over the Orontes River, the specifics of which will likely depend on the broader political and security issues in the Middle East. INTRODUCTION The Orontes River, known in the Arabic language as Naher al-Assi, rises at Ain Zarka in Lebanon's Bekaa Valley and runs north for 571 kilometers passing through Syria before meeting the Mediterranean Sea in Turkey's Gulf of Iskenderun. Throughout history, riparians and riparian states have used the Orontes for irrigation and drinking water.3 Syria (a downstream country) and Lebanon (an upstream country) concluded a treaty concerning the allocation * Associate in the international arbitration group of Shearman & Sterling LLP. @ 2014, Tammam Kaissi. 1. Memorandum of Understanding Between the Government of the Republic of Turkey and the Govern- ment of the Syrian Arab Republic for the Construction of a Joint Dam on the Orontes River Under the Name Friendship Dam (Dec. 23, 2009), available at http://web.ogm.gov.tr/birimler/merkez/egitim/disiliskiler/ Dokumanlar/mutabakat%20zabitlari/Suriye/Asi-Ing.pdf). 2. FADI GEORGES COMAIR, WATER MANAGEMENT AN) HYDRODIPLOMACY IN LEBANON 200 (2009). 3. Id. 175