The Riparian Duty to Inform on Planned Measures Under International Watercourse Law: The Case of Ethiopian Grand Renaissance Dam
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Date
2014-06
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Addis Ababa University
Abstract
Considerable number of treaties and other rules of international water law envisages riparian
states' obligation on the use of international watercourse. One of such obligation is the riparian duly
to inform on planned measures. However, there are uncertainties about the essence and status of this
obligation under international watercourse law. The issue is even more intricate in the Nile river
basin where there is no full-fledged legal and institutional ji-amework to regulate the mailer. Hence,
there exist different views on the substantive scope of the obligation to inform on planned measures.
Quite recently, Ethiopia and Egypt are in disagreement over the construcfion of Grand Ethiopian
Renaissance Dam (GERD). At the heart of the dispute, among other /hings, are the controversies
over the riparian duly to cooperale, inform and consult on planned measures.
This research paper demonstrates the understanding of the riparian duty to inform on planned
measures under international watercourse law. To this effect, the research first analyses the riparian
duty to inform planned measures under international watercourse law. Then, it critically scrutinizes
the provisions of the UN watercourse convention on non navigational lise of international
watercourse with regard to the riparian states duty to inform planned measures. Finally, a deep
examination is made 10 ohserve CERD in light of the riparian duty to inform on planned measure
under international watercourse law.
After a deep analysis on the above areas, the research argues that basic authorities of international
walercourse law have provided that a watercourse state should or is at least recommended to provide
notice of planned measures that could potentially cause significant adverse effect to o/h er riparian
states. Equally, the research argued that authorities are not unanimous with regard to the substantive
scope of the obligation of notification.
Concerning GERD, the research argued that Ethiopia has no any trealy obligation to notifo its
projects to other riparian states. Nor does state practice in the Nile basin shows strict adherence to
the principles of riparian duty to inform planned measures. Finally, the research, among other
things, urges all the Nile river basin stales to sign and ratifo CFA within whose framework it would
be possible to resolve contentious issues of riparian duty to inform on planned measures that may
potentially cause significant adverse impact. The research also recommends the establishment of
institutional framework for effective implememation of riparian duly of not ification. It also urges a
continued cooperation between Ethiopia, Sudan and Egypt as an absolute imperative.
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Keywords
Planned Measures Under International Watercourse La