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2024 | OriginalPaper | Chapter

15. Management of Transboundary Watercourse in Euphrates-Tigris and Nile River Basins

Authors : Yusuf Ali Mohammed, Yücel Acer

Published in: Land and Water Degradation in Ethiopia

Publisher: Springer Nature Switzerland

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Abstract

Despite making up two-thirds of our planet, water remains one of the most contentious resource. Transboundary watercourses, in particular, require analytical scrutiny because they involve competing interests as shared resources among riparian states. Practices of dealing with these competing interests are rarely smooth and differ across basins and time. Per international law and organizational structure, this chapter compares transboundary watercourse management practices of the Euphrates-Tigris (ET) and Nile River basins. The chapter examines whether joint institutional basin arrangements are in place in these basins and whether exemplary practices from the ET River basin could be useful in dealing with gaps observed in the Nile River basin management and vice versa. While scrutinizing these foregoing issues, the chapter explores three areas in the ET and Nile River basins management. First, it highlights the governing legal frameworks of both basins per international laws. Then it addresses their administrative structures per objective organizational models and finally explores their likeness and difference as well as their gaps and better experiences to be adopted from each river basin.

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Footnotes
1
In the ET River basin, the down riparians, typically Iraq, argue ‘that the hydraulic systems of these two rivers should be considered separate, because the two rivers irrigate different basins,’ while Türkiye, asserting “the basin [as] a whole in terms of their upper water collection and lower distribution basins,” considers these Rivers system as one (Elvan 2012).
 
2
The NBI is composed of two CU: the Nile Equatorial Lakes SAP CU (NELSAP-CU), which ‘is the executive and technical arm of the NEL-SAP,” membered with ten riparian states, Burundi, DRC, Egypt, Ethiopia, Kenya, Rwanda, South Sudan, Sudan, Tanzania, and Uganda; and, the Eastern Nile Technical Regional Office (ENTRO), which “is the executive and technical arm of the Eastern Nile SAP (EN-SAP),’ composed of four riparian states, Egypt, Ethiopia, South Sudan, and Sudan (NBI n.d.). In both CU, although the downstream riparian states, Egypt, Sudan (and South Sudan) are fully represented, upstream riparian states are not dully represented.
 
3
In the NBI, there is a modality of dividing the SAP into two major programs: the NEL-SAP, composed of the NELSAP-CU member states; and the EN-SAP comprised of the ENTRO member states (Johnston 2009; NBI n.d.).
 
4
The UK-Egypt (1929) agreement 'was designed to recognize Egypt’s acquired rights over the Nile give’, in which not only—‘Egypt obtained 92.3% of the utilizable flow of the Nile (48 of 52 BCM) and Sudan 7.7%,’—but also get ‘the right to veto any construction projects’ of upstream riparians (Johnston 2009; Mtua 2017; Okoth-Owiro 2004; Waterbury 1997).
 
5
The Egypt-Sudan (1959) agreement, assumed ‘to be nothing more than a continuation of the [1929] colonial’ regime, dictates the full utilization of Nile water, by dividing the ‘entire 84 billion cubic meters average annual flow of the Nile to be shared among the Sudan and Egypt at 18.5 and 55.5 billion cubic meters, respectively’ and leaving the remaining 10 billion cubic meters for evaporation (Bulto 2008; Mtua 2017).
 
6
Syria—ratified it, Iraq—acceded, and Iran—voted in favor of the UN Watercourse Convention (1997); however, Türkiye repudiated the aforesaid Convention because of its ‘deep concern about the fact that certain articles of the Convention might restrain its official stance in future negotiations for the allocation and management of the [ET] river’ (Kramer and Kibaroğlu 2011).
 
7
Kenya and Sudan voted in favor of the UN Watercourse Convention (1997), but Burundi repudiated the Convention. While three riparians, Egypt, Ethiopia, Rwanda, and Tanzania, have abstained, the other three, DRC, Eritrea, and Uganda didn’t take part in the voting process and have no record of their accession, yet (Bulto 2008; Dellapenna 1997; Salman 2014).
 
8
Ethiopia and Rwanda, from upstream, openly raise their concern against the UN Watercourse Convention (1997). Ethiopia, fearing it would jeopardize its right, pointed out its vehement on the ‘obligations for the notification of other riparians of planned measures and projects in their territories,’ among other principles, and on the absence of a balanced approach in ‘[accommodat[ing] …the interest of upstream [and] developing’ riparian states; while Rwanda believed it ‘lacked regard for sovereignty which it considered a “sacrosanct principle” in treaty making processes’ (Bulto 2008; Salman 2014; Schwabach 1998).
 
9
From downstream, Egypt expressed its vehement against the UN Watercourse Convention (1997), believing it would lean toward the principle of ‘equitable and reasonable [use] at the expense of the …significant harm’ principle (Salman 2014).
 
10
The principle of equitable and reasonable use, sourcing from limited territorial sovereignty/integrity doctrine, is a customary international law, which benefits both upper and lower riparians in letting each riparian use their shared watercourse equitably and reasonably in respective political boundaries (Mohammed 2022a).
 
11
The principle of no (significant) harm rule, originating from a limited territorial sovereignty/integrity doctrine, is a customary international watercourse law, which prohibits any riparian not to engage negatively against a shared watercourse while utilizing their transboundary water resource (Mohammed 2022a; User’s Guide Fact Sheet Series: Number 5, n.d.).
 
12
A Commission is a well-structured and much more formal structural arrangement, which is recommended for basin-wide transboundary watercourse management (Mohammed 2022a).
 
13
Authority resembles private companies, which are designed to perform specific developmental tasks like hydropower projects (Mohammed 2022a).
 
14
Committee usually comprises ministers or senior representatives, which is used during a preliminary stage of an ongoing form of basin coordination (Mohammed 2022a).
 
15
The ad-hoc JTC, which was triggered by uncoordinated developmental projects, was established upon Türkiye’s proposal in 1964 and, after deadlocks, came to an end in the 1970s (Kibaroğlu and Scheumann 2011; Ünver and Kibaroğlu 2000).
 
16
The permanent JTC came into the picture when Türkiye embarked on South-Eastern Anatolia Projects (GAP), upon the proposal of Iraq in the 1980s. Although JTC’s progress was promising, it faced deadlocks and finally halted due to domestic political turmoil in Iraq and Syria (Kankal et al. 2016; Kibaroğlu and Scheumann 2011; Ünver and Kibaroğlu 2000).
 
17
The Nile River basin exhibits ad-hoc institutional initiatives, namely the Permanent JTC of Egypt and Sudan, HydroMet, ‘Undugu’, TECCONILE, and NBI. (Abdo 2004; Egypt-Sudan agreement 1959; Johnston 2009; Paisley and Henshaw 2013; Mtua 2017).
 
18
The Permanent JTC was established per the Egypt-Sudan (1959) agreement,—in which only Egypt and Sudan technocrats are equally represented and,—jointly aimed to ‘supervise the execution of the technical provisions of such agreements’ and stand against upstream riparians future share requests, which, however, failed to achieve its objective, was abandoned and considered inactive (Abdo 2004; Egypt-Sudan agreement 1959).
 
19
The NBI is the first ever inclusive basin-wide institutional platform established in 1999 (NBI n.d.).
 
20
Absolute territorial integrity is a doctrinal theory that empowers downstream riparian states ‘not only – a privilege to use the total [natural] flow of the river without any interruption and due consideration to upstream riparians interest, but also—accord veto power to rule out any potential [upstream] activity that undermines’ the natural water flow (McIntyre 2010; Mohammed 2022a).
 
21
Limited territorial sovereignty is a legal doctrine that ‘entitles all basin riparians to use their co-shared water resources in an equitable and reasonable manner within their defined sovereign territory’ (McIntyre 2010; Mohammed 2022a).
 
22
The prior appropriation doctrinal thought dictates any riparian state ‘that puts the water to use first [can] …establish prior rights to use an amount of water depending on the date upon which that water use began,’ thus, becomes the ultimate owner of the determined water amount by default (Lazerwitz 1993).
 
23
Iraqi insists to quantify water as per the mathematical formula, while Türkiye proposes a three-stage plan. However, an agreement has not been reached, yet (Sümer 2015; T.C. Ministry of Foreign Affairs 1996).
 
24
The Nile-COM is ‘the highest political and decision-making body, [which] comprised of Ministers in charge of Water Affairs in the Member States’ (NBI n.d.).
 
25
The Nile-TAC is an expertize organ that ‘offers technical support and advice to the Nile Council of Ministers on matters related to the management and development of the Nile waters’ (NBI n.d.).
 
26
The Nile-SEC, which is based in Entebbe, Uganda, is an organ responsible for ‘providing administrative, financial and logistical support and services to Nile-TAC and the Nile-COM; strengthen[ing] member states’ institutional and technical capacities and provides shared knowledge bases to support decision making and action at local levels; [and] the overall corporate direction’ (Lencho 2014; Mtua 2017; NBI n.d.).
 
27
According to Article 109 of the Lausanne Treaty of Peace (1923), ‘transboundary water should be dealt with separately’ from the boundary and other cross-boundary issues (UN-ESCWA & BGR 2013).
 
28
Under Article III of the UK-Ethiopia (1902) agreement, the meaning of the word ‘arrest’ in the Amharic (Ethiopian Language) and the English versions was/is a subject of dispute, as the UK ‘assumed that [except for] domestic uses and local irrigational rights, the agreement had definitively deprived Ethiopia of the right to use the resource in any way whatsoever, while Ethiopia’s reading [supposed] that only complete arrest of the flows of the river had been prohibited under the treaty arrangement’ (Ullendorff 1967; Woldetsadik 2013).
 
29
According to Article 43, for the CFA (2010) to come into force, at least six riparian states shall accede to it; thus, although six riparian countries have signed the framework accord, only four countries, notably—Ethiopia, Tanzania, Rwanda, and Uganda, have acceded (NBI n.d.).
 
Literature
go back to reference Agreement between the Syrian Arab Republic and Iraq to Share the Euphrates Water (1990) Agreement between the Syrian Arab Republic and Iraq to Share the Euphrates Water (1990)
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go back to reference Okoth-Owiro A (2004) The Nile Treaty: state succession and international treaty commitments, a case study of the Nile Water Treaties. Konrad Adenauer Foundation Okoth-Owiro A (2004) The Nile Treaty: state succession and international treaty commitments, a case study of the Nile Water Treaties. Konrad Adenauer Foundation
Metadata
Title
Management of Transboundary Watercourse in Euphrates-Tigris and Nile River Basins
Authors
Yusuf Ali Mohammed
Yücel Acer
Copyright Year
2024
DOI
https://doi.org/10.1007/978-3-031-60251-1_15