CONSTRAINTS IN IMPLEMENTING INTERNATIONAL WATER TREATIES: A CASE STUDY OF NILE BASIN TREATY OF 1929
Abstract
The River Nile is shared by 10 river basin countries also known as riparian states. It is the main vital water artery in the North Eastern region of Africa. The river is fed by several tributaries originating from downstream states which join to form the might Nile the White Nile from the East Africa lake region and the Blue Nile rising from Ethiopia highlands, the main tributaries. The prevailing water policy regulating the distribution of water among the countries of the Nile basin is dictated by the Nile Treaty of 1929 signed between Egypt and Great Britain representing her colonies giving exclusive rights to Egypt for the use of the Nile and also the bilateral agreement of 1959 signed between Egypt and Sudan sharing the river flows volumes to the two states with Egypt getting the larger share. The study made use of extensive interviews with government officers, Non-Governmental officers, Ministry of Foreign Affairs, politicians, key individuals and academicians and reviewed vast literature on the subject of study.
The study established that there are constraints in implementing international treaties and hence all main actors must work toward a common vision in order to avoid conflict. Also that, there are no uniform formula to enforce the signing and ratification of treaties which guarantee that parties are bound by the treaty. The creation of institutions which are beneficial for all the riparian states, are key. Institutional frameworks like the Nile Basin Initiative (NBI), Steering committee meeting , Nile Technical Advisory Committee and the Nile Equatorial Lakes Subsidiary Action Program (NELSAP), has seen member states cooperate beyond water issues to demonstrate belief through effective joint action.
The challenge for implementing international water treaty is on how to get parties on the negotiation table to ratify them. Article 27 of the Vienna Convention on the Law of Treaties States “A party cannot invoke the provisions of its internal law as justification for its failure to carry out a treaty”. The policy adopted by the world community serves the goal of stability and change for states fundamental rights which are essential, absolute and self-evident. To avert conflicts and long disputes associated with water and international water treaty, guidance is sort on sovereign equality of all member states on legal status. Although it is easy to enumerate duties of states, it is very difficult to get them observed in practice. Treaties at best are only standards of conduct that states are enjoined to observe as a moral duty.
Key Words: International Water Treaties, Nile Basin, Water Policy
Full Text:
PDFReferences
AbdallaI.H., The 1959NileWaters Agreement in Sudanese – Egyptian Relations; Middle Eastern Studies, Volume 7 Issue 3 October 1971
Abu Zeid, Ahmed, 2001. Food, Rural and Agricultural Policies inEgypt, Mediterranean African Studies (SOAS).
Agreement between the Republic of the Sudanand the United Arab Republic for the Full Utilization of the Nile Waters Signed at CairoEgypt, 8 November 1959 and the protocol concerning the Permanent Joint technical Committee, signed at Cairo, 17 January 1960. Text in Revue Egyptienne de droit international, Vol. 15, 1959
Agronomic Institute ofBari,Italy, http://www.iamb.it/ciheam/report/egitto.html
Alan J.A. and Nicol A., The Dynamics of river Basin Cooperation: The Nile andOkavangoBasin (London, IB Tauris 2004)
Allan, Tony & Alan Nicol, 1998. Water Resources, Prevention of Violent Conflict and the Coherence of EU Policies in the Horn ofAfrica.London:
Anthony De Reuk, ‘The logic of conflict: its origin, development and reitivation’ in M. Banks (ed) conflict in world society; A new perspective in international Relations (Sussex: Harvest, 1984)
Barston, R.P., Modern Diplomacy 2nd edition (Longman, London, 1991) p.1
Becker & Easter “Conflict and Cooperation in Utilizing a Common Property Resource” Natural Resource Modeling Vol 11 No.3 Fall 1998
Berridge, G,R, Diplomacy: Theory and Practice, 3rd Edition (University of Leicester- Palgrave, 1991)
Brans Edward H. P et al., The scarcity of Water: Emerging Legal and Policy Responses,New York: Kluwer Law International 1997 pp. 171 – 172
Collins, Robert O., The Waters of the Nile, Hydropolitics and theJongleiCanal.900-.988. ClaredonPress,Oxford, 1990
Godana, Bonaya Adhi, Africa’s Shared water resource: legal and institutional aspects of the NileNiger andSenegal riversystems, Graduate Institute of International Studies, 1985
Godana, Bonaya Adhi, Water and Society, Conflict in Development Part2 (London F. Printers, 1980)
Bonaya G.; Africa’s Shared Water Resources;London, Frances Pinter Publishers, 1985 pg. 105
Bricheri-Colombi, S. 1997.NileBasinWater Resources: How Much is Enough? A Review of Data Needs for Cooperative Development of theNile. Paper presented to Fifth Nile 2002 Conference, February,Addis Ababa.
Bricheri-Colombi,S. Nile Basin Water Resources: How Much is Enough? A Review of Data Needs for Cooperative Development of theNile. Paper presented to Fifth Nile 2002 Conference, (February, Addis Ababa, 1997)
Burness, and Quirk, “Water Law, Water Transfers and Economic Efficiency: The
Colorado River” Journal of Law and Economics, 23, 1980
Carnegie Endowment for International Peace Stable URL- journal 1997
Catherene Ferrier, Towards Sustainable Management of International Water and Basins: The Case of lake Geneva, Blackwell Publishers Ltd. 2000, 108 Cowley Road, Oxford OX 4IJF, UK and 350 Main Street, Malden, MA 02148, USA
Castelein S. and A Otte, Conflict and Co-operation Related to International Water Resources: Historical Perspective, selected papers of IWHA Conference on the Role of water in History & Development, (Norway10-12 August 2001)
Chandra P, International Law, Vikas Publishing House PVT Ltd,New Delhi (1994) p. 9
Chataway, Cynthia “Track II Diplomacy: Form a Track I Perspective” Negotiation Journal, (July 1998)
Chataway, Cynthia “Track ii Diplomacy: Form a Track I Perspective” Negotiation Journal, July 1998
Conway, D. and Hulme, M., The Impacts of Climate Variability and Future Climate Change in theNileBasinon Water Resources inEgypt. International Journal of Water Resources Development, No. 12, 1996
Cuhadar, Esra C., Evaluating Track Two Diplomacy in Pre-negotiation: A comparative assessment of Tract tow initiative on Waters andJerusalemin the Israel-Palestinian Conflict PhD. Dissertation, Syracuse University 2004)
Dahilon Y. Mohamoda ‘Nile Basin Cooperation A review of the Literature’ Nordiska Afrikanstitutet 2003
Daugherty, J.E. and R.L Pfaltzgraft, contending Theories of international Relations, (New York: Harper and Row, 1971)
Dellapenna, Joseph, “Treaties as Instruments for Managing Internationally Shared Water Resources: Restricted Sovereignty vs. Community of Property”, Case Western Reserve Journal of International Law, vol 26, 1994.
E. Jakobssonand T. Oestigaard, The Political Economy of Water, The Worlds of Water, Water control and River Biographies. London 2003
Eighth meeting of the Conference of the Parties to the Twentieth Meeting of the Parties to the Vienna Convention for the Protection of the Ozone Layer Montreal Protocol on Substances that Deplete the Ozone Layer Doha, 16–20 November 2008
Elhance Arun P, “Hydropolitics in the 3rd World –Conflict and Cooperation in International River Basin” United States Institute of Peace Press, 1999.
Falkenmark, Malin, 1993. Quoted in: Engelman, Robert & Pamela Le Roy. Sustaining
Ferdinand Katendeko, How likely is conflict over the Nile waters? 2004
Fisher, William Ury, Getting to Yes: Negotiating Agreement Without Giving In, 2nd edition, ed. Bruce Patton, (New York: Penguin Books, 1991). P. 215
Foulds, K.,: The NileBasinInitiative: Challenges to Implementation. Paper presented at the Managing Shared Waters Conference- 23-28 June 2002,Hamilton,Ontario, Canada,2002
Franz Mauelshagen, Water Politics: Conflicts About, Institute of Advanced Study in the Humanities, Essen 2006
Ghany, Hesham A., 2000. Technical Secretary Permanent Joint Technical Commission.
Gisser, Micha “Groundwater: Focusing on the Real Issue” Journal of Political Economy, 1983,vol 91, No-6
Gleik Peter, The world’s Water 1998-1999: The Biennial Report on Freshwater resources, Island Press,Washington,DC
Guvele, A., C., TheNileBasinInitiative and its Implications in Post ConflictSouth Sudan. 2003 On line: http://cafnr.missouri.edu/iap/sudan/doc/nile-basin.pdf. (Retrieved on 30th 11.2010).
H. Lauterpacht, Oppenheim’s International Law, 1970
Halcro-Johnston et al. 2004 Complimentary and coordination of Conflict resolution in Efforts over conflict PhD Dissertation , institute for conflict resolutionGeorgeMansonUniversity,FairfaxVA
Hamner, Jesse H and Aaron Wolf, “Patterns in International Water Resource Treaties: The Transboundary Freshwater Dispute Database”ColoradoJournal of International Environmental Law and Policy,1997
Hirji and Grey, “Managing International Waters inAfrica: Process and Progress”
Howell, P.P. and Allan, J.A. The Nile: Resources Evaluation, Resources Management, Hydro politics and Legal Issues,UniversityofLondon, SOAS. 1990)
http://www.nilebasin.org/Documents/TACPolicy.html.
http://www.un.org/Depts/los/convention_Agreements/convention_overview convention.htm
http://untreaty.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf
International,Washington,D.C.,
Irene Freudenschuss-Reichl Agreement making and implementation: An analysis of international negotiations UNIDO Office, (New York 20 March 2002)
James A. R. Nafziger, Agreement on Trade-Related Aspects of Intellectual Property Rights, in Marrakech Agreement Establishing the World Trade Organization, (15 April 1994)
John Baylis and Steve Smith, The Globalization of World Politics( Oxford University Press, 1997)
Joseph Kipkoech, The New Nile Treaty: Mixed fortunes for Egypt , Daily Nation May 19 (2010
Kelsen H, Principles of International Law, (New York: Rinehart, 1952)
Kenneth Randall, “The Treaty Power,”OhioStateLaw Journal 51 (1990): 1089.
Kenneth Waltz, ‘The Origins of War in Neo-realist Theory’ op cit, p 43, and S.Burchill‘ Realism and Neo-realism’ op cit.
Kenneth Waltz, Man, State, and War: A Theoretical Analysis, (New York and London, Columbia University Press 1959)
Kriesberg, Louis, “Coordinating intermediary peace Effort” Negotiation Journal , October, 1996)
Krutilla, John and Eckstein, Otto, “Multiple Purpose Water Development”, 4th
Lemma, Seifeselaissie, 2001 Cooperation on theNileis not a zero-sum Game, United Nations Chronicles Vol. 38
Laki, Sam L, ‘management of the Water Resources of the Nile Basin’ International Journal of Sustainable Development and world Ecolgy, Vol.5 No. 4, 1998
Makumi Mwagiru, Diplomacy: Documents, Methods and Practice,InstituteofDiplomacyand International Studies, (Nairobi, 2004)
Makumi Mwagiru ., Conflict: Theory, Processes and Institutions of Management, (Nairobi: Watermark Printers Kenya Ltd, 1999).
Malcom Shaw, International law, fourth Edition, (Cambridge: Cambridge University Press, 2000)
Menon, Institutional Mechanisms for the Development of International Water Resources, op. cit.,
Martin E. Adams Reviewed work(s): Hydropolitics of the NileValleyby John Waterbury Nile Water: A Crisis Postponed? Hydropolitics of theNileValley by John Waterbury Economic Development and Cultural Change, Vol. 31, No. 3 (April, 1983)
Martin E. Adams, Review: Nile Water: A Crisis Postponed? Hydropolitics of theNileValley by John Waterbury, Source: Economic Development and Cultural Change, Vol. 31, No. 3, Published by: The University ofChicago Press (1983)
Mitchell C.R. , ‘World Society as cobweb: States, Actors and Systematic Processes’
in Barlis M(ed) Conflict in World Society: A New Perspective in International Relations op cit, pp 50-76
Mbote Patricia, Navigating Peace, Water, Conflict, and Cooperation: Lessons from theNileRiver Basin, Vol.4 January 2007
Mbote P., Navigating Peace.New York ESCP 2007
Mubarak , East African Standard, Newspaper, Nile Basin countries, 13 May 2010
Myers N, Environmental Security Foreign Policy 29, 1989
Northedge F.S Donelan M.D: International DisputesLondon, Europa Publications 1971
Ofoegbu, Mazi Functional Cooperation in West Africa, A study of the Political and Legal Foundations for the Joint Development of the River and Lake Basins in West Africa; ODU. A Journal of West Africa Studies, new Series, No. 6, 1971
Okid C.O, “History of the Nile and Lake Victoria Basins Through the Treaties” in PP Howell and J.A Allan, (eds), The Nile: Sharing a Scarce Resource (Cambridge:1994)
Okidi C.O. “History of the Nile and Lake Victoria basins through the treaties” in PP Howell and J.A Allan Sustainability, Vol. 24, No. 1 (Feb., 1995)
Okidi C.O. Environmental stress and Conflicts in Africa: Case Studies of Drainage Basin, African Centre for Technology studies (Nairobi 1994)
Okidi C.O.; The Nile sharing A Scarce Resource, Institute for development Studies,University ofNairobi, 1994
Okid O, Fourth edition, Legal and Policy regimes of the Lake Victoria and Nile Basin, Institute for Development Studies, (University of Nairobi 1980)
Owino O.A; State Succession and International Treaty Commitments; A Case Study of the Nile Water TreatiesNairobi; Konrad Adenauer 2004
Palitha T. B. Kohona , Some Notable Developments in the Practice of the UN Secretary-General as Depositary of Multilateral Treaties: Reservations and Declarations, The American Journal of International Law, Vol. 99, No. 2 American Society of International Law (April., 2005)
Paul Shrivastava ,Environmental Technologies and Competitive Advantage , Strategic Management Journal, Vol. 16, Special Issue: Technological Transformation and the New Competitive Landscape John Wiley & Sons Stable URL:, (Summer, 1995), pp. 183-200
Rebecca Wallace MM, International Law, Fourth Edition, (Cambridge:CambridgeUniversity Press, 2002)
Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 Establishing a Financing Instrument for Development Cooperation, Official Journal No. 1905, Vol. 378, 27.12.(2006).
Stephen C. McCaffrey, The Need for Flexibility in Freshwater Treaty Regime, Natural Resources Forum 27 (2003 United Nations), Blackwell Publishing
Stoner, R. F. Future Iirrigation planning inEgypt. In: P.P. Howell and J.A. Allan, op cit. Morrehead, A 1960. TheWhite Nile. (London, Hamish Hamilton, 1990)
Talboot Strobe, Globalization and Diplomacy: Source: Foreign Policy, No. 108 , the Nile Sharing a Scarce Resource (An Historical and Technical Review of Water Management and of Economical and Legal issue,UK, (Cambridge University Press, 1994)
The Agreement betweenEgyptand Anglo-EgyptianSudanof 1929 of 1929
The Convention on the law of Non-navigable uses of International Waters – 1997 (IRIN) 2003
TheViennaConvention on Law on Treaties, 1969
Theodor Meron, Human Rights in Internal Strife, No.5 1987
The United Nations Convention on the Law of Non-Navigational uses of International Waters Courses, article 5, approved May 21, Un Doc, No. A/51/869, printed in 36 International Legal Mat” Is 700 1997, (UN Convention)
United Nations New York, Natural Resources Water Series No. 20 River and Lake Basin Development Proceedings,Addis AbabaEthiopia, 10-15 October 1988
UNESCO- Averting Conflict in theNilebasin, The new Courier, October 2003
Transitional Government ofEthiopia. 1994. Framework for Cooperation between the Nile River co-basin States: Country Paper—Ethiopia. Paper presented to the Nile 2002 Conference on Comprehensive Water Resources Development of theNileBasin: The Vision Ahead, January 29 to February 1,Khartoum,Sudan.
Tripel, An Introduction to the Law of Nations, Virginia Quarterly Review 71, No. 4 1995: p. 155.
TRIPs Agreement: World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights 2003
Tvedt, T., The river Nile in the age of the British. Political ecology and the quest for economic power.London:I. B. Tauris, 2004.
Vienna, 1969, Vienna Convention on the Law of treaties 23rd May i.h.m. 679
Waterbury, J. The NileBasin: National Determinants of Collective Action. (New Haven andLondon,YaleUniversity Press, 2002)
Waterbury, J. Between unilateralism and comprehensive accords: Modest steps towards cooperation in international river basins’ water Resource Development. 1997, 13(3)
World Bank, (2003): Nile Basin Initiative, Shared Vision Program (SVP) Project-African Region- Project Appraisal Document. InfoShop-World Bank, Vol. 1, Report No. 26222
World Bank, (2003b): NileBasinInitiative - Nile Transboundary Environmental Action Project-Project Appraisal Document, InfoShop-World Bank, Vol.1, Report No. 24609
World Bank, (2004): Nile Basin Initiative for Socioeconomic Development and Benefit Sharing project-African Region-Project Information Document, InfoShop- World Bank, Vol. 1, Report Number, 30531
World Bank Report on Population, Copyright 2002, Science inAfrica, May issue, Science magazine for Africa CCL All Rights Reserved
DOI: http://dx.doi.org/10.61426/sjbcm.v4i1.406
Refbacks
- There are currently no refbacks.
This work is licensed under a Creative Commons Attribution 3.0 License.
PAST ISSUES:
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.