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학술논문법학논총2020.02 발행

Understanding the Nile River issues and its politico-legal wrangling: Will, finally, the waters of Nile be shared equitably

Understanding the Nile River issues and its politico-legal wrangling: Will, finally, the waters of Nile be shared equitably

장신(전남대학교); 고이톰 아페라 게브레키로스(전남대학교)

32권 3호, 135~169쪽

초록

Longest in the distance that traverses; massive in size in its catchment area; rich in civilizations and inhabitants, but a dwarf in its history of cooperative basin management and establishing a legal and institutional framework for equitable utilization of its waters, Nile River basin is one of the unsolved puzzles of the world's hydro-politics. The divergent interests of the basin states, owing to the colonial era agreements, are not seen converging any point in time. The downstream countries, Sudan and Egypt, unswerving demand for a monopolistic utilization of the Nile waters have always been a blockage for any reasonable negotiation to happen among all,11, the basin riparian states. Ethiopia's construction of a hydropower dam on the river as self-justice, unitary action to safeguard a genuine interest, is a result of lack of common legal and institutional frameworks governing interests of the basin states. Currently, a tripartite talk is on and off among Ethiopia, Sudan, and Egypt regarding how the Ethiopian dam, under construction, will be filled and administered. However, the old colonial-era rhetoric of Egypt causes fear of clouding any possible positive outcome. How far Egypt's old ways of diplomatic pressure on upstream states remain effective? How long will the eight upper stream states, except Ethiopia, stay quiet on their legitimate quest for fair use of the Nile waters? Taking legal matters into a political justice system will not cause a firm resolve to Nile issues, yet, still, a cooperative endeavor to create a legal and institutional framework is needed. To this effect ratifying the cooperative framework agreement of Nile will be the first step in the journey.

Abstract

Longest in the distance that traverses; massive in size in its catchment area; rich in civilizations and inhabitants, but a dwarf in its history of cooperative basin management and establishing a legal and institutional framework for equitable utilization of its waters, Nile River basin is one of the unsolved puzzles of the world's hydro-politics. The divergent interests of the basin states, owing to the colonial era agreements, are not seen converging any point in time. The downstream countries, Sudan and Egypt, unswerving demand for a monopolistic utilization of the Nile waters have always been a blockage for any reasonable negotiation to happen among all,11, the basin riparian states. Ethiopia's construction of a hydropower dam on the river as self-justice, unitary action to safeguard a genuine interest, is a result of lack of common legal and institutional frameworks governing interests of the basin states. Currently, a tripartite talk is on and off among Ethiopia, Sudan, and Egypt regarding how the Ethiopian dam, under construction, will be filled and administered. However, the old colonial-era rhetoric of Egypt causes fear of clouding any possible positive outcome. How far Egypt's old ways of diplomatic pressure on upstream states remain effective? How long will the eight upper stream states, except Ethiopia, stay quiet on their legitimate quest for fair use of the Nile waters? Taking legal matters into a political justice system will not cause a firm resolve to Nile issues, yet, still, a cooperative endeavor to create a legal and institutional framework is needed. To this effect ratifying the cooperative framework agreement of Nile will be the first step in the journey.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.17251/legal.2020.32.3.135
분류:
기타법학

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Understanding the Nile River issues and its politico-legal wrangling: Will, finally, the waters of Nile be shared equitably | 법학논총 2020 | AskLaw | 애스크로 AI