Features of groundwaters in basins shared between Ethiopia and Kenya and the implications for international legislation on transboundary aquifers

The implementation of laws relating to transboundary aquifers necessitates field knowledge so that the laws can be coincident with reality on the ground. The definition of ‘shared aquifer’ is more complex than the mere physically shared body of groundwater flowing from country A to country B. The border between Ethiopia and Kenya is characterized by low-volume groundwater storage and low transboundary flows. However, groundwater has visible environmental, social and economic functions. The characteristics of groundwater flow and storage in aquifers shared between Ethiopia and Kenya are different from those used in setting the foundation of the international legal framework on shared aquifers. By describing the characteristics of the groundwaters that are shared between Ethiopia and Kenya, this work demonstrates that the international legal framework is inadequate when applied in this region. The main inadequacies are: (1) international law does not specify the minimum volume of transboundary flow in an aquifer for it to qualify to be treated under the law, and (2) the physical aspects of water get more emphasis than the functions of groundwater. A more adequate international legal framework would be one that considers specific types of groundwater and local needs.