The Nile Water Dispute: An International Law Analysis Of The Egypt, Sudan And Ethiopia Water Issue

The Nile River is shared by ten different states; Ethiopia, Eritrea, Sudan Egypt, Uganda, Tanzania, Kenya, Rwanda, Burundi and the DR Congo. Dispute in the region mainly stems from the colonial treaties signed on behalf of Egypt, which gave Egypt unfair control over the use of the river's waters. The dispute between Egypt and the remaining riparian remain a cause of conflict since independence and with Ethiopia since the foundation of Egypt. As a result the challenge of creating a more cooperative environment for the management of Nile waters has existed for centuries. However after long unsuccessful political and diplomatic initiatives, the riparian sates agreed to settle the dispute in accordance with the principle of international law, and negotiate a permanent legal frame work. But despite the agreement to negotiate a permanent legal frame work nothing has been done so far. And due to the delay, the situation especially between Ethiopia which is facing a rapid population and continuous Droughts problem forcing her to develop her waterresources for irrigation, hydropower generation, and economic development and Egypt is gating worst.Therefore it is the intention of this paper to examine the main legal problem existing particularly between these three states regarding the Nile water utilization, figure out barriers affecting the negotiation on the planed legal frame work, and analyze individual states position in light of relevant rules of international law, and give a recommendation that might break the current gridlock in the Nile Waters negotiations among the riparian states. Chapter I generally describes the Nile basin geography, hydrology, the riparians water contribution and the history of the Nile water governance. Chapter II will deal with the conflict aspect and the legal issues in one hand, as well as the Efforts made towards cooperation and its current status on the other hand. Chapter III explains the principles and laws that govern international water management and their by analyze the individual states position in lights of those principles and laws governing international law and treat law. In so doing, the analysis will be supported by some international practices. And the last Chapter IV will summarize the over all problem and analyze the individual states position in lights of those principles and laws governing international law, as well as international treaty law.The paper argues, failure of the Nile riparian states to negotiate on the legal frame work for a reasonable and equitable apportionment of theNile water is a manifestation of Egypt and Sudan's preference for the status quo or no agreement choice. Lastly the paper will conclude that the absence of agreement for the fair and equitable use of the Nile water or trying more to delay it at this crucial time will trigger a unilateral development of water which will result in unnecessary conflict even war between the riparian states, there fore, even if International law cannot decide the allocation of the waters of the Nile. Nonetheless, it can provide a basis for Nile riparian to negotiate and settle their dispute.