Wondalem, Haile Andargie (2014) The Riparian Duty to Inform on Planned Measures Under International Watercourse Law: The Case of Ethiopian Grand Renaissance Dam. Masters thesis, Addis Ababa University.
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Abstract
Considerable number of treaties and other rules of international water law envisages riparian states’ obligation on the use of international watercourse. One of such obligation is the riparian duty to inform on planned measures. However, there are uncertainties about the essence and status of this obligation under international watercourse law. The issue is even more intricate in the Nile river basin where there is no full-fledged legal and institutional framework to regulate the matter. Hence, there exist different views on the substantive scope of the obligation to inform on planned measures. Quite recently, Ethiopia and Egypt are in disagreement over the construction of Grand Ethiopian Renaissance Dam (GERD). At the heart of the dispute, among other things, are the controversies over the riparian duty to cooperate, inform and consult on planned measures. This research paper demonstrates the understanding of the riparian duty to inform on planned measures under international watercourse law. To this effect, the research first analyses the riparian duty to inform planned measures under international watercourse law. Then, it critically scrutinizes the provisions of the UN watercourse convention on non navigational use of international watercourse with regard to the riparian states duty to inform planned measures. Finally, a deep examination is made to observe GERD in light of the riparian duty to inform on planned measure under international watercourse law. After a deep analysis on the above areas, the research argues that basic authorities of international watercourse law have provided that a watercourse state should or is at least recommended to provide notice of planned measures that could potentially cause significant adverse effect to other riparian states. Equally, the research argued that authorities are not unanimous with regard to the substantive scope of the obligation of notification. Concerning GERD, the research argued that Ethiopia has no any treaty obligation to notify its projects to other riparian states. Nor does state practice in the Nile basin shows strict adherence to the principles of riparian duty to inform planned measures. Finally, the research, among other things, urges all the Nile river basin states to sign and ratify CFA within whose framework it would be possible to resolve contentious issues of riparian duty to inform on planned measures that may potentially cause significant adverse impact. The research also recommends the establishment of institutional framework for effective implementation of riparian duty of notification. It also urges a continued cooperation between Ethiopia, Sudan and Egypt as an absolute imperative.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | J Political Science > JX International law K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Emmanuel Ndorimana |
| Date Deposited: | 06 Sep 2018 14:37 |
| Last Modified: | 06 Sep 2018 14:37 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/4951 |
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