|Title:||The concept of benefit sharing In the cont£xt of the eastern nilt: basin|
|Keywords:||basin states is a relatively new paradigm.|
|Publisher:||Addis Ababa University|
|Abstract:||The sharing of the multiple benefits that the common water resource can offer to basin states is a relatively new paradigm. Its theoretical flavor lies 011 its advocacy of a positive - sum - outcome where all parties benefit from the integrated and enhanced management of shared watercourses. This new approach of trans-boundary water management is undergoing a test in the Nile Basin in general and in the Eastern Nile sub-basin in particular through the transitional cooperative framework (NBf). The initiative aspired to forge a permanent Cooperative Framework Agreement (CFA) that would embody governing principles of water management 10 ease, moderate and balance the age old negative-sum predicament that has characterized the Nile Basin. Conceptualizing the bundle of benefits as it may be revealed in the economic, environmental, social and political spheres and spotting which benefit lies where according to a comparative advantage analysis is not so much a problem as crafting a workable formulae to equitably and fairly share benefits among riparians-ensuring a distributive justice. The challenge of realizing the conceived opportunities to the benefit of all is attributed to a number of complex and diverse political, legal, historical and national interest issues that underlie the equation. In the Nile basin, basin states agreed under the auspices of the transitional cooperative arrangements 10 equitably and reasonably utilize the Nile waters pending the birth of a Permanent Cooperative Framework Agreement (CFA). Such an agreement debated and negotiated for about a decade, is not yet delivered. This state of the fact has caused a shadow of doubt and despair as to whether cooperation in the Nile Basin is an illusion or achievable reality. This statement may be criticized as being premature and may even be taken as pessimist's point of view. However, given the outstanding nature of the bone of contention that arrested the negotiation momentum (the issue of ensuring water security to current uses and rig his) unless a breakthrough is witnessed Ihat would unlock the impasse headway appears to be very difficult. A failure to have a compromised stance on the equitable and reasonable use of Ihe Nile Waters is a visible Ihreat to the whole effort of enhancing the welfare of Ihe people of Ihe basin and to the ecological integrity of Ihe basin as well. Equitable and reasonable utilization of the common water resource, in whatever form (volumetric allocation and/or benefit sharing) may be envisaged, cannot sustainably operate without a permanent but flexible institutiollalized Cooperative Framework Agreement. Viewed from this perspective, the abunda11t and diversified bellefits that the Nile at the basin and sub-basin level would provide cannot sustainably alld equitably be exploited without such an agreement as a prerequisite. This hard and costly choice provides a sobering momellt for the basin states. Against all these backdrop this study tries to investigate, in Ihe Eastern Nile context, what types of benefits can be reaped, how can these benefits be fairly and equitably be distributed, how is belle fit sharing approached by some other international river basins and what are the key challenges that impede translating the vision illto action. The study further argues that benefit sharing mechanism can deliver the highest possible utility along with simultaneous/parallel operation of an allocation regime whereby basin states should establish a property right over their legitimate share of the water according to negotiated alld widely accepted international water law criteria.|
|Appears in Collections:||Thesis - Law|
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