THE GRAND ETHIOPIAN RENAISSANCE DAM –– FILLING AND ANNUAL OPERATION: ISSUES OF LEGALITY AND EQUITABILITY

Abstract

The Grand Ethiopian Renaissance Dam (GERD) first stage filling that retained 18.5 BCM of water of the Blue Nile River in a year's filling plan of 2020 and 2021 has escalated disputes among riparians of the Blue Nile sub-Basin, especially between Ethiopia and Egypt. The dispute attracted international attention owing to Egypt’s hegemonic tactics in securitizing the issue by referring it to the UN Security Council (UNSC). Egypt disparages the filling as ‘unilateral’ and detrimental to its survival, while Ethiopia firmly stands on realizing equitable and reasonable utilization of its chief river via the GERD filling. Therefore, the main objective of this article is to analyze the legality and equitability of the GERD filling and annual operation in the milieu of the international water law regime as well as the Declaration of Principles on the GERD (DoP). It also interrogates the validity of accusations and claims of downstream states in their submissions to the UNSC, especially Egypt’s, against the filling from the perspectives of the international water law regime. In doing so, the article argues that the GERD’s filling and operation are clear reflections of Ethiopia’s recognized and undeniable right to equitable and reasonable utilization in the Nile River Basin. In this regard, the article also argues that Egypt’s past unilateral water developments that established its existing uses in the Nile and its current antagonistic position against the GERD at its filling and successive operational stages are construed as acts causing significant harm to Ethiopia’s right to equitably use the Nile. Further, as a concluding remark, the article forwards suggestions for policymakers and negotiators to consider in the way forward to galvanize Ethiopia’s interest in the GERD and beyond in future GERD negotiations.