The Reason Why Ethiopia's First Filling of the Grand Ethiopian Renaissance Dam (GERD) Violated the Equitable and Reasonable Utilization Principle and Two Lessons From the Mekong and Indus River Basins

Abstract

This thesis addresses the legal issues around Ethiopia’s first filling of the Grand Ethiopian Renaissance Dam (GERD). The construction of the dam on the Blue Nile river raises concerns among Egypt and Sudan, the other riparian states on the river. Ethiopia contributes all the waters of the Blue Nile river but had not benefited from the river, whereas Sudan and Egypt utilize the river for hydroelectric power generation, irrigation and consumption. Recently, Ethiopia built what is projected to be the largest hydroelectric dam on the African continent. Egypt and Sudan worry that the dam will give Ethiopia control over the waters of the Blue Nile. This thesis explores the development of international water law principles from the late nineteenth century to the present day. Those principles have gained acceptance by the Blue Nile riparian states and are incorporated into the most recent agreement they signed in 2015. One of the principles of international water law Egypt, Sudan and Ethiopia agreed on is the principle of equitable and reasonable utilization. This principle requires all riparian states to take into account the interests of the other riparian states. This thesis argues, Ethiopia violated the equitable and reasonable utilization principle during the first filling of the GERD because it failed to take into account the existing uses of the Blue Nile river which allocates all the waters to Egypt and Sudan.