Egypt had asked the UNSC to push the three countries to adhere to their obligations in accordance with the rules of international law in order to reach a fair and balanced solution to the issue of the GERD. Egypts repeated references to the rules of international law is part of an effort to maintain its so-called natural and historical rights that were established and reaffirmed by the 1929 Anglo-Egyptian Treaty and 1959 Agreement between Egypt and Sudan, respectivelytreaties many of the other involved parties reject as anachronistic and untenable. The Ethiopian government has always availed itself of its power to transfer local populations off land it decides to declare a public resource. The 1902 Treaty did not preclude Ethiopia from undertaking works that might reduce, but not arrest, the flow of waters. The New Arab (2020a). With regard to the mega-dams, the Gilgel Gibe III Dam and the GERD speak volumes on the substance of Zenawis political ideology. (2020). First, as noted above, Ethiopia contributes 86% of the water in the Nile and so it seems only natural that it has an equitable claim to using Nile waters to aid growth in its impoverished economy. Egypt and Ethiopia have once again locked horns over the Grand Ethiopian Renaissance Dam (GERD) on the Blue Nile. Crucially, however, neither Egypt nor Ethiopia are parties to the Watercourses Convention and so they are not bound by its terms. In the absence of the application of the Watercourses Convention, various other legal arrangements and political declarations must be considered to gain an understanding of the regulation of the Dam and the Nile River more generally. If Egyptian authorities refuse to abandon these anachronistic treatieswhich have created untenable water-use rights that benefit only itself and Sudanall parties will remain at an impasse. Sima Aldardari. Water scarcity is a growing problem. Learn. The New Arab (2020b). Note that, under Article 62(2) VCLT, territorial treaties are excepted from the change in circumstances rule. Four of these would potentially be located on the main river and one would eventually evolve into the Grand Ethiopian Renaissance Dam (GERD). These countries should return to the NBIs Cooperative Framework Agreement (CFA), which was concluded in 2010, try to resolve the disagreements that caused Egypt and Sudan to decline to sign the CFA, and use it as a model for a future binding legal regime. "I came to Cairo on my first official trip to the region to hear . However, an agreement was still far from reach. 1800m long and 170m high. The Zenawi concept of a Strong Ethiopia envisions the country as a powerful hydroelectric energy hub exporting electricity to Djibouti and Somalia in the east, Kenya and Uganda to the south, and Sudan to the west. Review a brief history of copyright in the United States. Under the Ethiopian constitution, the state is the proprietor of the countrys land and natural resources, which gives the government significant control over the allocation and use of land. A general view of the Blue Nile river as it passes through the Grand Ethiopian Renaissance Dam (GERD), near Guba in Ethiopia, on December 26, 2019. Given the advancement of the dam construction - the GERD being, as of March 2015, 40% complete, according to Ethiopia - Egypt had good reason to reconsider its position (RANE, 2015). Workers move iron girders from a crane at the Grand Ethiopian Renaissance Dam (GERD), near Guba, Ethiopia, on Dec. 26, 2019. In particular, the DoP takes a very strict approach to the no significant harm rule. Test. The crucial leverage regarding Egypts water security lies with the Blue Nile countries Ethiopia and Sudan, as the Blue Nile is the main contributor to the Nile Rivers flow downstream. 4. Although conflict over the allocation of the waters of the Nile River has existed for many years, the dispute, especially that between Egypt and Ethiopia, significantly escalated when the latter commenced construction of the dam on the Blue Nile in 2011. Egypt relies on the river for as much as 90 percent of its freshwater and sees the new dam as an existential . It was in the hope of protecting Lake Turkana against such threats that it was listed as a World Heritage Site. In fact, about 85 % of the overall Nile flow originates on Ethiopian territory (Swain, 2011). Whittington, D. et al. At stake, too, is . Test. In terms of the old or anachronistic law, two of the Nile Water Treaties do not bind Ethiopia meanwhile the third does not actually preclude the construction of a dam. Ethiopia, whose highlands supply more than 85 percent of the water that flows into the Nile River, has long argued that it has the right to utilize its natural resources to address widespread poverty and improve the living standards of its people. Construction on the Grand Ethiopian Renaissance Dam began in 2011 and it is currently nearing completion. Basically, Ethiopia should cooperate with the other riparian states in developing and adopting an effective drought mitigation protocol, one that includes the possibility that GERD managers may have to release water from the reservoir, when necessary, to mitigate droughts. There has long been a conflict over water rights among the riparian countries of the Eastern Nile Basin (Egypt, Sudan and Ethiopia). This agreement could pave the way for a more detailed cooperation framework, and represents a major step toward dispute resolution. per year, that would constitute a drought, to push the three countries to adhere to their obligations in accordance with the rules of international law in order to reach a fair and balanced solution to the issue of the GERD, 1929 Anglo-Egyptian Treaty and 1959 Agreement. February 14, 2022 JPEG It will also give Ethiopia more control . The current filling which is ongoing since early July 2021 has presented no issues as well. Filling of the Grand Ethiopian Renaissance Dam (GERD) along the Blue Nile River is well under way near the Ethiopia-Sudan border. This is because it is traditionally understood to refer to waterways that form intrinsic parts of international boundaries. Although Egypt has persistently argued that the 1959 agreement between Egypt and Sudan is the legal framework for the allocation of the waters of the Nile, Ethiopia and other upstream riparian states reject that argument. Egypts main argument might be that, despite being unsatisfactory and anachronistic, the Nile Waters Treaties remain good law and are enforceable against the respective parties. It will be the largest hydropower project in Africa. As a consequence, Ethiopia has not been able to make significant use of the rivers waters. Therefore, a negotiated position that favours Ethiopia is likely to be reached once it becomes politically palatable enough inside Egypt. The Washington Quarterly, 37(2), 25-37. On the surface, the 558 ft tall dam Africa's biggest hydropower project belies Ethiopia's financial muscle. It provides clear benefits to all three riparian, such as flood control, reduced flood damages and sediment control. Government of the United States of America. The Grand Ethiopian Renaissance Dam will have negative impacts not only on Egypt but also on poor communities in Ethiopia as well as on its Nile Basin neighbours Ethiopia's strategy for dam construction goes far beyond developmental goals. Indeed, Sudan had initially opposed the Dam but changed its position in 2012 after consultations with Ethiopia. Moreover, it arguably prohibits any reduction of flow to Egypt by limiting Ethiopias use of the Dam to electricity generation alone. Hydrological Sciences Journal, 56(4), 687-702. International rights organisations have reported that many cases of displacement were not voluntary and that entire communities were driven from their villages. Ultimately, however, Egypt did not sign the CFA (nor did Sudan) hence it does not resolve the dispute. Thus, it is only through cooperation that Egypt, Ethiopia, Sudan, and the other riparians can peacefully resolve conflicts over the Nile and achieve the type of water use that will contribute significantly to regional economic and human development. Egypt, fearing major disruptions to its access to the Nile's waters, originally intended to prevent even the start of the GERD's construction. The 1959 agreement allocated all the Nile Rivers waters to Egypt and Sudan, leaving 10 billion cubic meters (b.c.m.) A major reason the GERD is so controversial today is that it has not been subjected to thorough safety and impact studies, which could pose a grave threat to downriver nations. The three fillings hitherto, with the most recent in August 2022, imposed no discernible harm on downstream states. It will take between eight and ten years to fill the new dam. In the end, all 11 riparian states must understand that the way forward calls for the establishment of a meaningful resource-sharing agreement, one that sees and recognizes the Nile River as a regional watercourse. However, as noted above, the trouble with relying on the DoP is that its legal status is not clearly defined. Still, if the exception was somehow activated, it would mean that Egypt remains entitled to 66% of the Nile River waters and that this figure should be used as the baseline for any future negotiations. Indeed, Egypt has called the filling of the dam an. On March 4, 1982, Bertha Wilson became the first woman appointed to the Supreme Court of Canada. To date, no significant harm has been caused to Egypt or Sudan as a result of the ongoing construction of the GERD. The decisions that this group renders must be binding on all riparian states. Second, regarding the 1902 Anglo-Ethiopian Treaty, although Ethiopia was a party and although that instrument does deal with the flow of water on the Nile, its terms are strictly limited. Perhaps even more consequential is the fact that this agreement granted Egypt veto power over future Nile River projects. It has led a diplomatic initiative to undermine support for the dam in the region; as well as in other countries supporting the project such as China and Italy. It could be a treaty or merely a political declaration as the name implies. The change of government in Egypt led to a more conciliatory approach (Von Lossow & Roll, 2015). Following the fall of Mengistu Haile-Mariams regime in Ethiopia in 1991, Ethiopia experienced a remarkable rise in the construction of dams and hydroelectric power stations. The Grand Ethiopian Renaissance Dam (GERD) and hydroelectric project is located 700 km northeast of the capital city Addis Abeba, in the Benishangul--Gumaz region of Ethiopia, along the Blue Nile River. This has now changed due to political consolidation over the past two decades and the advent of alternative sources of external finance (to the traditional multilateral development banks), not least from China (Gebreluel, 2014;IDS, 2013). The so-called Grand Ethiopian Renaissance Dam (Gerd) is Africa's biggest hydroelectric project to date. khadsyy Plus. These run from rising rivalry between Egypt and Ethiopia to a festering border war between Ethiopia and neighboring Sudan. Al Jazeera (2020). They can also cause dispute and heartachefor example, over damage to. In the imperialist age, Ethiopian emperors threatened to alter the course of the Nile and stop its flow to Egypt. Such a meaningful resource-sharing agreement should not only resolve the conflict over water-use rights among the riparian states, but it should help define concepts such as equitable and reasonable use and significant harm, which have been used by the downstream states in their criticisms of the GERD. (2011). Ethiopian Yearbook of International Law 2017. Despite the intense disagreements, though, Ethiopia continues to move forward with the dam, arguing that the hydroelectric project will significantly improve livelihoods in the region more broadly. The official narrative is that Ethiopia can uproot poverty and bring about a definitive end to social and economic underdevelopment by means of the construction of a series of mega-dams combined with the development of the national energy infrastructure. Disputes over the Grand Ethiopian Renaissance Dam (GERD), hailed by both Egypt and Ethiopia as a new chapter in relations between Egypt and Ethiopia based on openness and mutual understanding and cooperation (.

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