The Fairness ‘Dilemma’ in Sharing the Nile Waters: What Lessons from the Grand Ethiopian Renaissance Dam for International Law?

Abstract

This monograph enquires into the fairness dilemma in connection with the construction of the Grand Ethiopian Renaissance Dam (gerd) in light of relevant colonial-era Nile treaties, post-1990 Nile framework instruments, and international watercourses law. Thegerdis now afait accompli, but fairness considerations will continue to be vital issues in its completion, filling, and operation. The monograph argues that thegerdis a symbol of a fair share of the Nile waters by Ethiopia, the realization of which depends on,inter alia, an appropriate economic return, benefit sharing and prevention of significant impacts. The monograph also calls for a process to address the issue of unfair agreements, and argues that, although fairness application can be complex, the notions of procedural fairness and distributive justice can be applied to define and delineate the principle with reference to a specific treaty regime.

Implementing International Watercourses Law through the WEF Nexus and SDGs: an Integrated Approach Illustrated in the Zambezi River Basin

“…In this sense, considerations of existing, potential and alternative uses relate clearly to principles of both intra-and intergenerational equity.151 Consideration of equity across the same generation also gives rise to discussions of 'fairness' and links to the aforementioned ideas of different meanings of optimal and sustainable utilization, based upon the financial and technical ability of the states involved. 152 The UNECE Guide to Implementing the Water Convention also makes clear the link between intergenerational equity and the use of international watercourses; Article 2, paragraph 2(c) should be read in conjunction with Article 2, paragraph 5(c) according to which 'water resources shall be managed so that the needs of the present generation are met without compromising the ability of future generations to meet their own needs' .153 This is fully in line with the contemporary developments of customary international law in relation to international watercourses, according to which the principle of equitable use incorporates that of sustainable development.154 That is to say that a use of an international water body may not be considered as equitable, and therefore legal, if it is not sustainable. This is significant when considering developments on international watercourses as uses which may be economically viable to one state today, but not be viable to another for years to come.155 Interpretation of this provision must therefore include an understanding of the key sectors and actors that play a major role within the basin, ensuring that governance regimes (and the implementation of IWL in particular) include taking an active part in consultation processes with stakeholders across all WEF sectors.…”

Between security and reparations: Ireland and the European refugee crisis

“…These colonial treaties restricted the use of the Nile in most of the regions through which it flowed and limited development prospects in the region, provoking emigration to labour hubs like Libya. Today, regional cooperation is seeking to address these historical issues and the Nile Basin Initiative (Burundi, Democratic Republic of Congo, Egypt, Ethiopia, Kenya, Rwanda, South Sudan, The Sudan, Tanzania and Uganda) is a hopeful development, producing as it has, an agreement to allow significant water exploitation upstream from Egypt with the Grand Ethiopian Renaissance Dam (Yihdego 2017). Yet these legacies of colonialism are part of the historical context of the current crisis and they may lay claims upon parties outside the region, claims that the sense of crisis occludes.…”

Public Water Supply and Sanitation Authorities for Strategic Sustainable Domestic Water Management. A Case of Iringa Region In Tanzania

“…Apart from stable ice-locked water and paleo-groundwater, freshwater flows and their interactions within the hydrologic cycle do not guarantee availability at their origin points, i.e., uneven distribution [9,10]; consequently, freshwater becomes scarce [2,[11][12][13] and a common good [14] where businesses intervene [15][16][17]. While all countries are trying to account for the freshwater sustainability dilemma [18][19][20][21][22][23], international policies favor virtual water exploitation as all countries are relatively economically interdependent [24][25][26][27].…”