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Vol 21 No 11 Nov/Dec 2016

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International Watercourses Law in the Nile River Basin: Three States at a Crossroads


ISBN13: 9780415657679
Published: February 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £85.00



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The Nile River basin is the home of more than 400 million people across eleven different states. It is the essential source of water for domestic, industrial and agricultural use in downstream countries, particularly Egypt, Sudan and Ethiopia. Yet for more than a century, there have been conflicting claims to the use and resources of the Nile watercourse and a series of legal responses to these claims. This book examines the multifaceted regulation of the Nile, starting with the Anglo-Ethiopian Treaty of 1902. It scrutinizes the non-treaty based claims of rights of the basin states to the Nile waters, examining the relevant rules of customary international law that set out rights and riparian obligations in the utilization of shared watercourses. This includes a comprehensive outline and assessment of contemporary riparian positions in Egypt, Sudan and Ethiopia, with a view to understanding the origin, essence and legal status of the key concept of 'natural-historical rights'. After reviewing developments since the 1990s, the legal and conceptual impediments that held back progress in negotiations on the Nile Basin Cooperative Framework are presented. The author shows how the essence of riparian rights of the Nile basin states hinges on how profoundly the legal standard so embedded in the 'equitable and reasonable utilization' principle has been entrenched in contemporary legal relations to define and constrain the discretion of the basin states.

Subjects:
Other Jurisdictions , Africa
Contents:
1. Surveys, Physical and Hydrologic Specifics
2. The Nile: Major Development Patterns and Projections
3. The Anglo-Ethiopian Treaty of 1902
4. Geographical Scope of the Treaty Undertaking
5. Construing the Substantive Scope of the Anglo-Ethiopian Treaty
6. The Anglo-Ethiopian Treaty and Selected Principles of Public International Law
7. Downstream Thesis of 'Natural and Historical' Rights: Claims and Legal Challenges
8. Customary Rules of International Watercourses Law: Overview of Riparian Positions and New Perspectives in the Nile Basin
9. The Application of Fundamental Principles of Customary International Watercourses Law: The Nile Context
10. Analysis of 'Factors and Circumstances' affecting the Equitability of uses in the Nile Basin