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The Nile: Historical, Legal and Developmental Perspectives

by Gebre Tsadik Degefu

428 pages; quality trade paperback (softcover); catalogue #03-0419; ISBN 1-4120-0056-4; US$32.50, C$43.00, EUR27.95, £19.00

A study about water scarcity, population explosion and the need for a fair and equitable distribution of the Nile waters among riparian states. It is a warning for the 21st century.

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about the book      about the author      sample excerpts or Table of Contents      catalogue info

About the Book The study focuses in particular on the Nile Basin, which has 10 riparian states sharing the waters of the Nile. As water scarcity and population is the #1 problem of the 21st century, a fair and equitable distribution of the available waters among the riparian states is a must. The book is divided into 4 parts: Diplomatic, History, Legal Analysis and developmental analysis.

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About the Author The Author, Gebre Tsadik Degefu, was born in Ethiopia. He was educated at: Theological College of the Holy Trinity, Addis Abeba, Ethiopia Athens University, Athens, Greece, BA Bonn University, Bonn, Germany, Dr. Jur. Graduate Studies at LSE, University of London Graduate Studies at Pace University, NYC, MBA & M.Sc. Degefu has worked as a Government Attorney and in Private Law Practice in Ethiopia and is currently a Consultant. The author is familiar with the Nile Basin area and has first-hand experience with water related issues. He wishes to inform those interested in forming an educated opinion on water scarcity and population explosion.

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Sample Excerpts or Table of Contents

TABLE OF CONTENTS
Preface vii
Acknowledgement ix
Introduction 1
PART I
A. General Introduction to the Nile River 3

1. Geography of the Nile Basin 6

2. The Climate of the Nile Basin 15

3. The Economy of the Nile Basin 16
B. The Scramble for the Nile 19

1. Great Britain 19

2. France 28

3. The Fashoda Incident between Great Britain and France and Ethiopia*s Role 32 4. Belgium 37

5. Germany 40
C. The Scramble for Ethiopia 42

1. Ottoman Turkey 42

2. Egypt 43

3. Italy 53
PART II
A. The Nile Under Public International Law 67

1. International Rivers under Public International Law 67

2. Conflicting Legal Theories of Drainage Basin Rights 74

3. Priority of Existing Uses 80

4. Acquired Rights or Vested Rights 81

5. The Responsibility of States under Public International Law 82

6. Other Factors or Criteria considered while discussing a fair and equitable utilization of the waters of an international river. 83
B. The Nile Regime based on International Treaties, Agreements, and Protocols Exchange of Notes 93

1. Protocol between the United Kingdom and Italy, April 15, 1891 95

2. Treaty between the United Kingdom and Ethiopia May 15, 1902 96

3. Treaty between the United Kingdom and Leopold II, King of the Belgians, May 9, 1906 100

4. The Treaty between the United Kingdom, France, and Italy, December 13,1906 102

5. Exchange of Notes between Italy and the United Kingdom of December 14-20,1925 111

6. Exchange of Notes between the United Kingdom and Egypt Regarding the Use of the Nile Waters for Irrigation Purposes, May 7, 1929 121

7. Agreement Between the Republic of the Sudan and the United Arab Republic for the Full Utilization of the Nile Waters, November 8,1959 130

8. The Framework for General Co-operation Between Ethiopia and the Arab Republic of Egypt signed in Cairo on July 1, 1993 136

9. Concluding Remarks on treaties, agreements, protocols and exchange of notes and the legal positions of the riparian States with regard to the treaties and agreements 138

10. Current Political and Legal Developments in the Nile Basin 141

11. Current Legal and Political Developments in Ethiopia 147
PART III
A. General Overview 162

1. Scarcity of Water 162

2. Water Requirement for Consumption and Growing Food 163

3. Population Growth and its Pressure on Economic Development 166

4. Climate Change 169

5. Soil Erosion 169
B. The Economic Development of the Nile Basin 170

1. The Economy of the Nile Basin: General Characteristics 170

2. The Development of the Nile Basin Countries based on surface water, ground water, and their hydropower potentialities 172

3. The Irrigation Potentials of the Nile Basin Countries 182
C. Water Resource Development in Ethiopia 183

1. The Physical Resource Base 183

2. Ethiopia*s Water Resource and other Potentials for Economic Development 185

3. Ethiopian government Development Policy per its Country Paper Presented to the Eighth Nile 2002 Conference, June 26-30, 2002, Addis Abeba 188

4. Allocation and Utilization of Water Supplies 190

5. Hydropower 191

6. The Status of Water Resources Development in Ethiopia 192

7. The Role of government in Water Resources Development 193

8. Ethiopia*s future water needs and national water policy. 195

9. Water Resources Development Prospects on the Ethiopian section of the Nile Basin and the other rivers 197
D. Water Disputes and their Peaceful Resolution 198
E. Assessment of International River Basins and their Geopolitics 206
F. Transboundary Water Resources Development and Regional Cooperation 211
G. Conclusion 216
PART IV
A. Appendices: 228

1. Legal Documents 228

2. Cases 296

3. International Succession Law 328
B. Miscellaneous 346
C. Bibliography 351

1. Primary Sources: Official Government Documents 351

2. Secondary Sources: Books and Articles 357
D. Index 421

INTRODUCTION
The Goal and Scope of the Study Three factors have prompted this study: unprecedented population explosion, water scarcity, and the need for economic planning to survive. Although Ethiopia is blessed with big rivers, such as the Blue Nile, the Atbara, the Sobat, Juba, and Wabi Shebelle, regrettably, it does not even to the minimum level utilize this precious wealth for its economic development, relying only on seasonal rainfalls. As a result, when the rains fall short, its people desperately lack food, particularly because water conservation is in its infancy and irrigated agriculture is almost negligible.

Is there an alternative course of action for Ethiopia? This question is repeatedly being posed to the policy makers of the country for a viable solution to the problems of drought facing Ethiopia. It is expected that the younger generation can make the Ethiopia of the future a fertile, productive, and selfsupportive country.

The United Nations family of organizations has offered numerous suggestions for river basin planning in various regions of the world. Nearly all the UN agencies are directly or indirectly involved with the development of water resources. Each of these agencies is, in its own way, currently involved in the on-going worldwide efforts to bring about better management and harnessing of these resources for the benefit of mankind.

By resolution 2669 (XXV) of December 8, 1970, the General Assembly of the United Nations entrusted the International Law Commission with the task of formulating a series of principles and rules of international law on the subject, with a view to its eventual adoption by States in the form of a multilateral convention. In 1994, the International Law Commission adopted the Draft Articles on the Law of Non-Navigational Watercourses and recommended to the General Assembly for its adoption as a convention. The latter adopted it on May 21,1997 by Resolution 51/229.

This study is not limited to Ethiopia and the Nile basin countries. It attempts to demonstrate that population growth and water scarcity are global problems and as such require a concerted action by all concerned. Several examples from around the globe are included in Appendix B of this study to show the seriousness of the problem of population explosion, water scarcity and the need for planning to survive.

Effective river basin management can lessen the impact of drought in arid regions. River basin organizations may further watershed protection and management of grazing and crop land improvement. The efficient utilization of water resources, particularly in developing countries, may spur development in various areas such as irrigation, hydroelectric power production, water transportation, flood control, and public health.

It should be noted that the physical, economic, and political facts affecting international drainage basins strongly demonstrate the need for international cooperation. Cooperation is particularly necessary for an accurate assessment of the resources of the basin, which, in turn, demands close cooperation in the collection, analysis, and standardization of data.

The worsening scarcity of water, and the prospect of a fast-growing population that is expected to double to 10.5 billion by year 2050, calls for an urgent global cooperation in stopping the trend toward disaster. An equitable utilization of the available water resources for the benefit of all is a partial answer to this critical problem. It is the only way out for our survival. Leaders must be prepared to share the pain and to educate their people to understand a new more globally oriented philosophy. The alternative is catastrophe.

This study will attempt to clarify that the problem is no longer one of a separate development of basin States (Burundi, Congo, Egypt, Eritrea, Ethiopia, Kenya, Rwanda, Sudan, Tanzania, and Uganda) but of common management of a drainage basin, in the best interest of all States concerned. If basin-wide cooperation is meant to benefit only one or a few States, it is destined to fail.

This study has three main parts. The first deals with the history of the scramble for the Nile as well as Ethiopia. The main players in the scramble were Great Britain, France, Italy, Germany, Ottoman Turkey, Egypt, and Belgium.

The second part of the study deals with basic international water law, several agreements reached between and among interested States, and cases taken from various parts of the world.

The third part briefly outlines the economic development of the Nile Basin and explores the water resources potential and development of Ethiopia. In the end, a conclusion pulling together the major issues of water scarcity, population explosion, equitable distribution of water, and recommendations for solution are included for policy makers.

The writer hopes that this study will briefly inform the reader about the diplomatic history of the Scramble for the Nile and Ethiopia, will assist him/her to evaluate the legal status of the Nile based on available treaties, protocols, and international law, and will enable him/her to appreciate the seriousness of population explosion, water scarcity, and the need for a serious dialogue and solution to the problem by the leaders of the riparian countries based on fairness and equity. This book is dedicated to those Ethiopians who gave their lives for Ethiopia, and to the youth of today who will be the torchbearers of tomorrow.

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Catalogue Information

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