Negotiations on the Gerd: Examination of the 2015 Agreement on , the Declaration of Principles and Beyond
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Date
2021-06
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Addis Ababa University
Abstract
International water law governing international watercourses evolved from various theoretical
foundations and doctrines. These doctrines cemented the codifications of the fundamental
principles of international water treaties, rules and customary international water law.
Accordingly, the principle of “equitable and reasonable utilization”, the principle of “not
causing significant harm” and the duty of cooperation becomes the core substantive principles
governing the right and obligation of states sharing international watercourses. This research is
devoted in the examination of the declaration of principles on the GERD in the law of
international watercourses. The work makes assessments of the declaration of principles on the
GERD agreed among Egypt, Ethiopia and Sudan in 2015 under the UN watercourses
convention, the Helsinki Rules on international watercourses and Berlin Rules on water
resources. Along this, since the Nile water agreements are the common legal contestations
among the upper and lower basin states, this work looked in to it. Moreover, because the
principle of “equitable and reasonable utilization”, the principle of “not causing significant
harm”, the principle of cooperation and principle of settlement of international water dispute
are the pillars of international water rules, this work tried to clarify their conceptual
frameworks, interpretive approaches and practical applications. Then, examination of the
declaration of principles in the substantive principles of international water law is very crucial
to dictate the right and obligation of Egypt, Ethiopia and the Sudan. To this end, this work
torches some light on the interpretive approaches implied in international water laws to the
declaration of principles on the GERD. On top of this, the research examines the threshold of the
harm inflicted by GERD which is contented by Egypt and the Sudan based on the report of the
International Panel of Experts. Accordingly, this research confirmed that Ethiopian cooperative
efforts in initiating and forming “harm assessing bodies” such as international panel of experts,
tripartite national committees and National Independent Scientific Research Groups clearly
implies the fact that Ethiopia achieved its due diligence obligation imposed on it under the
principle of preventing transboundary significant harm. The cooperation also shows Ethiopian
adherence to use waters of the Blue Nile, including construction of the GERD, in accordance
with the principle of equitable and reasonable utilization.