Assessing The Human Right To Water And Sanitation In International Law And The Conflict In The Nile Basin

Authors

Abstract

Ethiopia’s construction and operation of the Grand Ethiopian

Renaissance Dam (GERD) on the Blue Nile has intensified the long-

standing water conflict involving Ethiopia, Egypt, and Sudan, and

highlights the urgent need for a new legal framework for the Nile

Basin’s governance. This article traces the history of the international

human right to water and sanitation and previous attempts to govern

water use in the Nile Basin. We argue that outdated colonial-era

treaties, which Egypt and Sudan insist on using as a baseline for

negotiations, are a significant obstacle to resolving the Nile conflict

and managing the region’s water resources effectively. We propose a

two-pronged approach to address this critical issue: developing a

specific agreement for the GERD’s operation and creating a

comprehensive treaty for equitable and reasonable water allocation

and utilization among all Nile Basin States. Crucially, a new

multilateral framework should prioritize the universal human right to

safe drinking water and sanitation for all basin inhabitants, regardless

of nationality or citizenship. By aligning with international human

rights instruments, this approach would shift the focus from

nationally “acquired rights” to individual human needs, potentially

transforming regional cooperation and development. Reframing the

issue through a human rights lens challenges traditional state-centric

water management paradigms. While acknowledging the political

and economic challenges of implementation, this rights-based

framework could set a precedent for resolving similar transboundary

water conflicts worldwide.

Recommended Citation

Assessing The Human Right To Water And Sanitation In International Law And The Conflict In The Nile Basin, 36 Fordham Envtl. L. Rev. (2024).
Available at: https://ir.lawnet.fordham.edu/elr/vol36/iss1/1