| Abstract: | Tension and confrontation between riparian states over planned measures are
likely to occur in the absence of an inclusive legal framework governing the
utilization, management, and conservation of transboundary watercourses. The
construction of the Great Ethiopian Renaissance Dam (GERD), 2011, has reignited
the tension on the use and share of the riparian countries over the Nile
River. Egypt and Sudan have demanded notification of the project, the
provision of all available information, and the time for the responses (to these
questions) before Ethiopia continues with the construction of the GERD.
However, Ethiopia has rejected the request for prior notification as a precondition
for commencing the GERD project. As a result, Ethiopia and its
downstream neighbours, particularly Egypt, have entered into various forms of
consultations and negotiations due to concerns over the impact of the GERD.
This article examines whether Ethiopia is under an international obligation not
to implement the GERD without notifying and consulting Egypt and Sudan and
whether the ongoing consultations and negotiations emanate from a legal
obligation or mere confidence-building measures. The author argues that
Ethiopia has no obligation (under international treaty obligations and
customary international law on transboundary waters) to provide notification of
planned measures such as GERD and engage in consultations. |
