17 - Israel–Jordan

Summary

The Israel Jordan peace treaty is an example of the role precedent can play in international law. Although precedents are not binding, nevertheless major parts of the Israel Jordan treaty are copied verbatim from the Egypt Israel treaty. This was done for a variety of reasons. Jordan was a far smaller and weaker State than Egypt, and it was convenient for Jordan to rely on text that had been agreed upon by the stronger brother Arab State. Diplomats and international lawyers are, mostly, a conservative group and are happy to follow a beaten path. The Egypt Israel treaty had been signed fifteen years before the treaty with Jordan and had proved itself as viable. An example of this viability is the settlement of disputes clause. The clause in the Egypt Israel Treaty had an element of ambiguity, and Jordan suggested changing it. The Jordanian negotiators agreed to accept the text of the clause in the treaty with Egypt after the Israel negotiators pointed out that the clause in the treaty with Egypt had enabled the parties to successfully submit the Taba dispute to arbitration.