
International law recognizes that a river flowing through several countries is a shared international watercourse, and that all riparian states have rights and responsibilities concerning its use and management. The fundamental principle is that no country automatically owns an entire international river simply because the river originates within its territory, or because it has historically used a larger proportion of its waters. Equally, a downstream country does not acquire an absolute legal right to prevent an upstream country from developing its water resources.
The law seeks to balance three important considerations:
1. The sovereign right of each riparian state to use water resources within its territory.
2. The right of other riparian states to equitable and reasonable use of the shared watercourse.
3. The obligation of all states to prevent significant transboundary harm and cooperate in managing the river.
These principles are particularly important for Ethiopia, Egypt and Sudan in their relationship over the Nile.
I. The principal international legal instrument: The 1997 UN Watercourses Convention:
The most important global treaty is the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, adopted on 21 May 1997. It entered into force on 17 August 2014. It provides a framework for resolving disputes over rivers shared by two or more countries. Its most important provisions are the following.
A. Article 5: Equitable and reasonable utilization
This is arguably the most important principle for understanding the Nile dispute. It states that every country sharing an international watercourse is entitled to use it in an equitable and reasonable manner.
This means:
a. Upstream countries have the right to develop dams, irrigation, hydropower and other water infrastructure. That is exactly what Ethiopia is today.
b. Downstream countries have the right to reasonable access to the river’s waters.
c. No country has an automatic entitlement to all the water it historically consumed. This is where Egypt has a problem of accepting.
d. No country has an automatic right to an equal numerical percentage of the river. That means a negotiated agreement, not monopoly, is the logical and reasonable way out.
e. All countries must consider the interests and development needs of other riparian states. Egypt should understand this.
The law therefore recognizes equality of legal rights, not necessarily equality of water quantities.
B. Article 6: Factors determining equitable utilization
International law identifies several factors for determining what constitutes a fair and reasonable use.
These include:
1. Geography and hydrology of the river basin.
2. Population dependent on the river.
3. Economic and social needs of each country.
4. Existing and potential uses of the river.
5. The effects of one country’s water utilization on other countries. 6. Availability of alternative water resources.
7. Conservation and efficient utilization of water.
Importantly, no single factor automatically determines the allocation. All relevant factors must be considered together.
For the Nile, this means Ethiopia’s development needs, Egypt’s dependence on the river, Sudan’s agricultural and other water requirements, and the needs of other basin countries must all be considered.
C. Article 7: The obligation not to cause significant harm
This provision is particularly important to the Egyptian position.
Countries must take appropriate measures to prevent significant harm to other countries sharing an international watercourse.
However, there is an important legal distinction: The obligation not to cause significant harm does not give downstream countries an absolute veto over upstream development projects.
Article 7 must be interpreted alongside Articles 5 and 6 on equitable and reasonable utilization.
If significant harm occurs, the countries concerned must consult and take appropriate measures to eliminate or mitigate it. Compensation may also be discussed where appropriate.
Consequently, the no-harm principle cannot be interpreted independently of the equitable-utilization principle.
D. Article 8: Cooperation
All countries sharing an international watercourse must cooperate on the basis of:
- Sovereign equality.
- Territorial integrity.
- Mutual benefit.
- Good faith.
This encourages joint institutions and mechanisms for managing shared rivers.
E. Article 9: Exchange of information
Countries should regularly exchange available hydrological, meteorological, environmental and water-quality information.
For a river such as the Nile, this is essential for dam operations, flood management, drought forecasting and water security.
II. Does international law recognize historical water rights? This is one of the most contentious aspects of the Nile dispute.
Egypt frequently invokes historical water utilization and the agreements of 1929 and 1959. However, international water law does not establish that historical use automatically creates permanent, exclusive ownership of a river’s waters.
Historical utilization is relevant under Article 6 of the 1997 Convention, but it is only one factor among several.
In other words:
- Existing dependence on the river matters.
- Investments and established uses matter.
- Population and economic requirements matter.
- The needs and rights of upstream countries also matter.
- Historical utilization cannot automatically extinguish the development rights of other riparian states.
This distinction is fundamental. Historical use is a relevant consideration, not an unlimited sovereign entitlement.
International law also requires consideration of the rights of states that were not parties to earlier bilateral or regional arrangements.
III. What about the 1929 and 1959 Nile agreements?
These two agreements are at the center of the legal disagreement between Egypt and the upstream Nile countries.
– The 1929 agreement
The 1929 arrangement was concluded through an exchange of letters involving Egypt and Britain, which represented several territories under British colonial administration. Among its provisions were restrictions on upstream projects that might affect the flow reaching Egypt, together with recognition of Egypt’s existing water use. The whole British objective was to keep its colonial cotton farm and supply from Egypt, and Sudan to its textile industries.
The upstream countries’ principal objection is that they were not independent sovereign participants in negotiating the arrangement and that it cannot permanently restrict their development rights. The fundamental and critical error was to totally ignore independent Ethiopia’s interests that provide 86% of the Nile water to Egypt and Sudan.
– The 1959 agreement
The 1959 Nile Waters Agreement was concluded between Egypt and Sudan. It allocated:
- 55.5 billion cubic metres annually to Egypt.
- 18.5 billion cubic metres annually to Sudan.
These figures were based on the assumed average annual flow at Aswan of 84 billion cubic meters, with an allowance for estimated evaporation and other losses. The critical legal issue is that the total source of the water, Ethiopia and the other upstream countries were not parties to this agreement. Again Egypt and Sudan, when building Aswan and other Dams never consulted Ethiopia or taken Ethiopia’s legitimate right and interest into account.
The agreement is a bilateral treaty between Egypt and Sudan. It cannot, simply by its existence, impose obligations on Ethiopia without Ethiopia’s consent or the other Nile upstream countries. This reflects Article 34 of the Vienna Convention on the Law of Treaties: a treaty does not create obligations or rights for a third state without its consent. Consequently, the 1959 agreement cannot, by itself, establish an internationally binding allocation of all Nile waters among all riparian countries.
IV. The Nile Basin Cooperative Framework Agreement (CFA) This is particularly important for Ethiopia.
The Nile Basin Cooperative Framework Agreement was developed through negotiations among the Nile Basin countries to establish a basin-wide framework for cooperation.
Its objectives include:
- Equitable and reasonable utilization.
- Sustainable development of Nile resources.
- Protection and conservation of the river ecosystem.
- Regular exchange of information.
- Notification and consultation concerning planned projects.
- Establishment of a permanent Nile River Basin Commission.
The agreement entered into force on 13 October 2024, following the necessary ratifications. Ethiopia is among its parties.
Why is this significant?
The CFA provides a regional legal framework based on the participation and equitable utilization of the Nile Basin countries. It challenges the idea that the Nile should be governed exclusively by arrangements made between Egypt and Sudan.
However, an important qualification is necessary: the CFA does not itself establish fixed numerical water allocations for every country. It establishes principles, obligations and an institutional framework for cooperation. The absence of Egypt and Sudan also means that the CFA cannot automatically impose its treaty obligations on those two countries.
Nevertheless, its entry into force is a significant development in Nile Basin governance.
V. Can Egypt legally prevent Ethiopia from constructing dams?
This is one of the most important practical questions.
International law does not prohibit Ethiopia from constructing dams on rivers within its territory merely because those rivers eventually flow into another country. Ethiopia has sovereign rights to develop its water resources, subject to its international obligations. However, these rights are not unlimited.
Ethiopia must take appropriate measures to:
- Assess potential transboundary impacts.
- Notify and consult affected countries where the applicable legal framework requires it.
- Exchange relevant technical information.
- Cooperate on dam safety and operational arrangements.
- Avoid significant transboundary harm. The Ethiopian side has shown willingness to take these points into account.
The same principles apply to Egypt and Sudan when undertaking projects that affect other countries. There is no general international legal rule giving Egypt an automatic veto over Ethiopia’s dam construction. Likewise, Ethiopia cannot disregard the legitimate water-security interests of downstream countries.
The International Court of Justice has addressed equitable utilization and cooperation in cases involving international rivers, including the Gabčíkovo Nagymaros dispute between Hungary and Slovakia.
VI. Are these international legal principles binding on Ethiopia, Egypt and Sudan?
An important legal distinction must be made.
The 1997 UN Watercourses Convention is a treaty. Its provisions bind countries that are parties to it. Ethiopia, Egypt and Sudan are not parties to that Convention.
However, several of its central principles, particularly equitable and reasonable utilization, cooperation and the obligation to exercise due diligence to prevent significant transboundary harm, are widely recognized as customary international law.
This means that these principles can apply beyond the countries that have ratified the Convention, although the precise legal obligations must be assessed individually.
Not every procedural provision of the Convention automatically becomes customary international law. The Nile Basin CFA, meanwhile, is binding as a treaty among its parties.
VII. What would a legally sound Nile water-sharing arrangement look like?
In my assessment, a sustainable solution requires moving beyond the argument over historical ownership and toward a comprehensive basin-wide agreement. I would suggest six essential elements.
| Issue | Proposed legal arrangement |
| Water utilization | Equitable and reasonable utilization by all riparian countries |
| Historical use | Recognize existing dependence without granting exclusive ownership |
| Dam construction | Right to develop, subject to environmental and transboundary obligations |
| Dam operation | Agreed technical arrangements for droughts, floods and emergencies |
| Information | Mandatory sharing of hydrological and operational data |
| Dispute resolution | Independent technical assessment, negotiation, mediation and arbitration by agreement |
A permanent Nile River Basin Commission could oversee these arrangements.
It should include all basin countries, with technical committees addressing:
- Water availability and allocation.
- Hydropower development.
- Agricultural requirements.
- Climate change and drought.
- Flood management.
- Dam safety.
- Environmental protection.
An important principle should be that water-sharing arrangements must be flexible enough to accommodate changing rainfall patterns, population growth and economic development.
VIII. What does all this mean for Ethiopia’s position? There are several important legal conclusions.
First: Ethiopia has a legitimate right to utilize the Blue Nile. Its upstream geographical position does not deprive it of the right to develop its water resources.
Second: Egypt does not possess an internationally recognized exclusive ownership right over the Nile. Its historical dependence and existing water consumption are relevant considerations, but they do not automatically establish exclusive rights over the river.
Third: The 1959 agreement cannot automatically bind Ethiopia. It was concluded between Egypt and Sudan without Ethiopia’s participation or consent.
Fourth: Ethiopia must respect downstream water security. Its development rights coexist with obligations of cooperation, due diligence and prevention or mitigation of significant transboundary harm.
Fifth: The CFA represents an important regional legal development. It establishes a framework for cooperation among participating Nile Basin states, although its effectiveness would be strengthened considerably by the participation of Egypt and Sudan.
IX. The fundamental legal and political issue
There are essentially two competing approaches to the Nile question.
1. The historical-rights approach: Emphasizes historical utilization, established water consumption and the protection of existing downstream dependence.
2. The basin-wide equitable-utilization approach: Emphasizes the sovereign equality of riparian countries, equitable utilization, sustainable development and cooperation among all basin states.
The international legal framework does not support either unlimited historical control or unlimited upstream freedom.
It requires balancing the rights and interests of all riparian countries.
Overall conclusion: The Nile should be governed as a shared international watercourse, not as the exclusive property of the downstream countries or the upstream countries. Egypt’s water security deserves protection, but so does Ethiopia’s right to development. Neither country’s legitimate interests should be used to extinguish the rights of the other.
The ultimate solution is a legally binding, inclusive Nile Basin agreement that establishes equitable utilization, predictable dam operations, drought-management arrangements and permanent mechanisms for cooperation not covert operation to destabilize and fragment a country.
One further question deserves particularly serious examination: Does international law give Ethiopia a stronger legal argument than Egypt on the question of equitable utilization, and can Egypt legally continue to insist on the 1959 allocation as the basis for controlling the Nile?
That is where the legal, historical and geopolitical dimensions of the Nile dispute come together.
X. Ethiopia versus Egypt: Who has the stronger legal position under international water law?
My assessment is that Ethiopia has a substantial and well-founded legal argument against Egypt’s claim to an exclusive or predetermined entitlement to the Nile waters based on the 1959 agreement. Ethiopia has a legitimate right to equitable and reasonable utilization of the Blue Nile, including hydropower development.
However, this does not mean Ethiopia has an unrestricted right to use the river, nor does it mean that every Egyptian legal argument is without merit.
The distinction between the right to develop a shared river and the obligation to protect other riparian countries is central to understanding the dispute.
Let us examine this from the perspective of international law, treaty law, historical agreements and the legal implications for the Grand Ethiopian Renaissance Dam (GERD).
1. The 1959 agreement: Egypt’s strongest historical argument, but a weak basis for controlling Ethiopia
The 1959 Agreement for the Full Utilization of the Nile Waters was concluded between Egypt and Sudan on 8 November 1959. The United Nations Treaty Collection registers it explicitly as a bilateral agreement.
The problem with using this agreement as the legal foundation for controlling the entire Nile is straightforward.
Ethiopia:
- Was not a negotiating party.
- Did not sign the agreement.
- Did not consent to its water allocations.
- Was not represented in the allocation of the river’s water.
The agreement allocated 55.5 billion cubic meters annually to Egypt and 18.5 billion to Sudan. Even some Sudanese government questioned the fairness of the agreement.
But these are allocations between its two contracting parties, not a basin-wide allocation agreed by all riparian countries.
The Vienna Convention principle
Article 34 of the 1969 Vienna Convention on the Law of Treaties establishes the principle that a treaty creates neither obligations nor rights for a third state without its consent.
This is known as pacta tertiis.
The legal consequence is important: Egypt and Sudan cannot simply conclude an agreement between themselves and thereby impose a binding water allocation on Ethiopia.
Nor can they use their bilateral agreement to extinguish Ethiopia’s independent rights under general international law.
There is also a distinction between the validity of the 1959 agreement between Egypt and Sudan and its applicability to other countries. It is automatically invalid for Ethiopia, since it did not participate.
My conclusion: Egypt can legitimately invoke the 1959 agreement to explain its bilateral arrangements with Sudan and its established water use. It cannot treat the agreement as a binding allocation of the entire Nile against Ethiopia.
2. Does historical use give Egypt a superior legal right?
Not automatically. This is where the principle of equitable and reasonable utilization becomes decisive.
Under the international water-law framework, existing uses are relevant, but they must be considered alongside:
- The needs of the population in each country.
- The economic development requirements of each country.
- Geographic and hydrological circumstances.
- Potential future uses.
- Environmental sustainability.
- The availability of alternative resources.
The International Law Commission’s 1994 commentary is particularly instructive. It explains that the rights of states sharing an international river are qualitatively equal, although that does not mean that each must receive an identical volume of water.
This has two important implications.
For Egypt: Its long-standing dependence on the Nile, its population and its agricultural economy are legitimate considerations.
For Ethiopia: Its population, development requirements, hydropower potential and historical underutilization of the Blue Nile is equally relevant considerations. In addition Ethiopia is the source of 86% of the Nile water which it tries to do.
Egypt cannot turn historical use into permanent ownership.
Equally, Ethiopia cannot argue that because it contributes a large proportion of the river’s flow, it automatically owns a corresponding proportion of the water which Ethiopia never did.
The law is based on equitable utilization, not ownership according to contribution. 3. Does Ethiopia have the right to develop the Blue Nile?
Yes, this is a fundamental principle of international water law.
Ethiopia has territorial sovereignty over the parts of the Blue Nile and its tributaries within its territory. It has the right to develop those resources, subject to its obligations toward other riparian countries. The International Law Commission’s commentary recognizes that every watercourse state has the right
to utilize international watercourse waters within its territory, with the scope of that right determined by equitable utilization.
Hydropower development is a legitimate use of an international river.
Furthermore, a hydropower dam does not necessarily consume water in the same way as irrigation. Water released through turbines continues downstream, although the timing, regulation and evaporation associated with reservoir storage can affect downstream conditions.
This distinction is important when assessing the GERD. Ethiopia’s legal argument is therefore that it is exercising a legitimate development right, rather than appropriating water belonging to Egypt.
That right must nevertheless be exercised with appropriate regard for downstream water security.
4. Does the no-significant-harm principle give Egypt a veto?
No, Egypt’s argument concerning potential harm is legally relevant, but it must be interpreted in conjunction with equitable utilization.
The 1997 UN Watercourses Convention contains both principles: ∙ Article 5: Equitable and reasonable utilization.
∙ Article 7: Obligation to take appropriate measures to prevent significant harm.
These provisions must be read together.
A downstream country cannot automatically prohibit an upstream project simply by asserting that the project might affect its water supply.
The legal question is whether the upstream country’s utilization is equitable and reasonable and whether it has exercised appropriate due diligence to prevent, minimize and address significant harm.
There is an important distinction between:
- An upstream project changing the timing of water flows.
- An upstream project causing temporary inconvenience.
- An upstream project causing serious and demonstrable harm to downstream water security.
These are not legally identical situations.
The burden of assessing the actual circumstances cannot be replaced by political assertions.
5. What does international jurisprudence say?
An important precedent is the 1997 International Court of Justice judgment in the Gabčíkovo-Nagymaros Project case involving Hungary and Slovakia.
The two countries disagreed over a joint dam project on the Danube.
The Court addressed:
- Shared rights over international water resources. Equitable and reasonable utilization.
- Environmental protection.
- Cooperation and good-faith negotiations.
- The consequences of unilateral actions affecting a shared river.
The Court emphasized the need for a coordinated and equitable regime for the use, development and protection of the shared watercourse. The lesson for the Nile is significant.
Neither upstream nor downstream countries should have exclusive control over a shared river. The objective should be a regime that accommodates the legitimate interests of all riparian states.
There is no ICJ judgment; however, that has specifically determined the legal allocation of Nile waters between Ethiopia and Egypt. That distinction matters: the Danube judgment supplies relevant legal principles, not a direct ruling on the Nile dispute.
6. The 2015 Declaration of Principles: An important legal commitment by all three countries
One development that deserves greater attention is the Declaration of Principles signed by Ethiopia, Egypt and Sudan on 23 March 2015.
This document is especially important because Egypt itself signed it. Its ten principles include:
| Principle | Legal and practical significance |
| I. Cooperation | Cooperation based on good faith and mutual benefit |
| II. Development | Recognition of development and regional integration |
| III. No significant harm | Protection of downstream interests |
| IV. Equitable and reasonable utilization | Recognition of equitable use |
| V. Dam filling and operation | Cooperation over filling and annual operation |
| VI. Confidence-building | Confidence and trust among the three countries |
| VII. Information exchange | Sharing relevant data and information |
| VIII. Dam safety | Attention to dam safety |
| IX. Sovereignty | Sovereign equality and territorial integrity |
| X. Peaceful dispute settlement | Negotiation and other agreed peaceful mechanisms |
This is widely distributed international water law.
What does this mean legally?
Egypt cannot easily maintain that Ethiopia has no right to develop the Blue Nile while disregarding the principles of equitable utilization and sovereign equality that Egypt itself accepted in 2015.
However, an important legal qualification is necessary.
The Declaration of Principles is not a comprehensive Nile water-allocation treaty. Its precise legal character and the extent to which individual provisions create enforceable obligations can be debated under international treaty law. Its wording and the circumstances of its conclusion must be considered when determining its binding effect.
Nevertheless, it is a major diplomatic and legal reference point. All three countries accepted a framework of cooperation, equitable utilization and peaceful dispute settlement. It should not be treated as though it never existed.
7. The Cooperative Framework Agreement: A major change in Nile Basin governance
In force since 13 October 2024
The Nile Basin Cooperative Framework Agreement (CFA) is another important development.
It was negotiated through the Nile Basin Initiative and is intended to provide a basin wide legal and institutional framework.
Ethiopia ratified it in 2013. It subsequently entered into force on 13 October 2024 after the required ratifications and accession.
The agreement establishes principles including:
- Equitable and reasonable utilization.
- Cooperation among basin countries.
- Sustainable development.
- Protection and conservation of the river.
- Information exchange.
- Institutional cooperation through the Nile River Basin Commission.
Egypt and Sudan have opposed the CFA in its present form, particularly in connection with disagreements over water security and Article 14.
This creates a significant legal and diplomatic divide. The important point is that Egypt and Sudan’s non-participation does not invalidate the CFA among its parties. Equally, the CFA cannot impose its treaty obligations on Egypt and Sudan without their consent. It does, however, provide an institutional foundation for participating countries to develop a more inclusive approach to Nile governance.
8. What is the strongest legal case Egypt can make against Ethiopia?
For fairness, Egypt’s legal position should not be reduced to the 1959 agreement. Egypt has several legitimate arguments under international law.
A. Protection against significant harm
Egypt can argue that the operation of a major upstream dam must not expose its population and economy to serious and avoidable water insecurity, which Ethiopia positively answered through practice.
B. Existing dependence
Egypt can demonstrate that its population, agriculture, industry and economy are heavily dependent on Nile water. These are important considerations in determining equitable utilization.
C. Cooperation over droughts
Egypt has a legitimate interest in ensuring that reservoir operations during prolonged droughts do not create disproportionate downstream harm.
D. Dam safety and information exchange
Egypt and Sudan have legitimate interests in receiving appropriate operational information, flood warnings and dam-safety assurances.
E. The 2015 Declaration
Egypt can invoke the Declaration of Principles to demand good-faith cooperation over the filling and operation of the GERD. These arguments are not legally frivolous. They must be taken seriously.
But none of them automatically establishes Egypt’s ownership of the Blue Nile or a right to dictate Ethiopia’s development policy.
9. What are Ethiopia’s legal vulnerabilities?
Ethiopia also has obligations and potential areas of legal exposure.
| Issue | What Ethiopia needs to demonstrate |
| Environmental assessment | Adequate assessment of potential transboundary impacts |
| Dam safety | Appropriate engineering and operational safeguards |
| Information exchange | Timely sharing of relevant hydrological and operational information |
| Drought management | Reasonable arrangements for prolonged drought conditions |
| Downstream impacts | Due diligence to prevent or mitigate significant harm |
| Good-faith cooperation | Genuine efforts to negotiate operational arrangements |
These are not concessions of Ethiopian sovereignty. They are responsibilities associated with exercising sovereign rights over shared water resources.
One important distinction: the 1997 UN Watercourses Convention is not itself a treaty binding Ethiopia, Egypt and Sudan. Its central principles are nevertheless important evidence of the wider international legal framework, including customary international law.
10. Overall legal assessment
Here is how one would distinguish the principal legal questions.
| Legal question | Assessment |
| Can Egypt claim exclusive ownership of the Nile? | No established legal basis |
| Can Egypt enforce the 1959 allocation against Ethiopia? | No, not without Ethiopia’s consent |
| Does Ethiopia have a right to develop the Blue Nile? | Yes, subject to international obligations |
| Does Egypt have legitimate downstream water-security rights? | Yes |
| Does Egypt have an automatic veto over GERD? | No |
| Can Ethiopia ignore downstream concerns? | No |
| Must the countries negotiate equitable operational arrangements? | Cooperation and good-faith negotiation are central legal obligations |
| Does the CFA establish a new basin-wide framework among its parties? | Yes |
An important qualification
It would be premature to claim that Ethiopia has conclusively won the legal dispute simply because the 1959 agreement cannot bind it.
A court or tribunal examining the wider dispute would need to consider the actual hydrological evidence, the GERD’s operation, the impacts on downstream countries, the 2015 Declaration and the applicable customary international law.
11. What should Ethiopia pursue legally and diplomatically?
I would suggest five priorities.
1. Defend equitable utilization: Consistently assert that the 1959 allocation cannot be imposed on Ethiopia and that Ethiopia has an independent right to develop its water resources.
2. Strengthen the CFA: Work with participating countries to make the Nile River Basin Commission an effective institution, while keeping the door open to Egyptian and Sudanese participation.
3. Offer a predictable GERD operating framework: Establish transparent arrangements for data exchange, drought management, flood warnings and dam safety.
4. Use international legal institutions: Develop a strong technical and legal record that can support negotiations, mediation or arbitration by mutual agreement. 5. Separate water allocation from dam operation: These are related but different questions. An operational agreement for the GERD need not require Ethiopia to accept the 1959 allocation as the basis for dividing the entire Nile.
12. The fundamental question: What kind of Nile settlement should replace the historical arrangements?
I would advocate a new Nile Basin Treaty based on the following principles: XI. A proposed framework for a new Nile Basin Treaty
1. Sovereign equality
All riparian countries have equal standing in negotiations, regardless of their geographical position.
2. Equitable utilization
Water utilization should reflect population, economic needs, existing uses, hydrology and future development requirements.
3. No exclusive historical ownership
Existing water use is protected as a relevant interest, but cannot automatically extinguish other countries’ development rights.
4. Guaranteed cooperation
Establish binding arrangements for data exchange, consultation and notification of major projects.
5. Drought and emergency protocols
Establish agreed rules for prolonged droughts, floods and other exceptional circumstances.
6. Joint economic benefits
Expand regional hydropower trade, agricultural cooperation, flood control and electricity interconnections.
7. Independent dispute settlement
Establish a permanent mechanism for technical investigation, mediation and, where the parties consent, arbitration.
XII. Final judgment
There is a fundamental distinction between two propositions:
1. Egypt has a legitimate right to protection of its water security.
2. Egypt has an exclusive right to determine how the Nile is used.
International law supports the first proposition. It does not establish the second. Similarly:
1. Ethiopia has a legitimate right to develop the Blue Nile.
2. Ethiopia has an unlimited right to do whatever it wishes with the river. International law supports the first proposition, not the second.
The most important legal principle for Ethiopia to defend is equitable and reasonable utilization, not exclusive upstream ownership.
And the most important principle for Egypt to accept is that historical dependence does not confer permanent ownership over a shared international watercourse.
The Nile’s future should be based on sovereign equality, equitable utilization, and mutual security and shared development.
In my view, that is the most defensible foundation for a lasting settlement under international law.
Egypt continued covert operation, supporting and arming dissident groups to destabilize Ethiopia or encircling Ethiopia through various proxy campaigns via Eritrea, Sudan, Somali will not solve the Nile issue. Only cooperation, mutual respect and shared benefit can solve the problem, if the two countries cooperate through mutual trust and understanding, invest jointly on economic, power, agriculture, the people of Ethiopia and Egypt as well as Sudan and Eritrea will benefit. The area will be stabilized, poverty will be reduced, and the region could prosper. Therefore, Egypt must revise its approach, shift towards mutual recognition and respect for the right and dignity of all countries involved could pave the way for a win-win agreement.
Editor’s Note: Views in the article do not necessarily reflect the views of borkena.com
__
Join our Telegram Channel: t.me/borkena
Like borkena on Facebook
To submit a press release, send the submission to info@borkena.com
Add your business to Ethiopian Business Listing / Ethiopian Business Directory
Join the conversation. Follow us on X (formerly Twitter) @zborkena to get the latest Ethiopian news updates regularly