THE UNITED NATIONS WATERCOURSES CONVENTION FROM THE ETHIOPIAN CONTEXT: BETTER TO JOIN OR STAY OUT?

Abstract

The 1997 Watercourses Convention is the first and the only worldwide instrument
enacted under the auspice of the United Nations as far as the non-navigational uses
of international watercourses is concerned. Although the Convention has entered in
to force in 2014 after seventeen years of its adoption, many watercourse states are
still hesitant to join the Convention. Given the divergent views of the respective
countries towards the provisions of the Convention coupled with the existing tension
and lack of genuine trust among downstream vis-à-vis upstream blocks, none of the
Nile riparian states are currently parties to the Convention. The article is thus aimed
to examine whether joining to or staying out from the Convention provides a better
off position for Ethiopia particularly in its relation with the two downstream
Countries-Egypt and Sudan. Owing to the confusing and downstream favored
provisions of the Convention coupled with the Egyptians’ long lasting adherence to
historic right based argument, the article asserted that the move to join the
Convention might be expensive for Ethiopia which may force it to pay unnecessary
bills for the advantages of the two downstream countries. Therefore, I argue that it is
better for Ethiopia to stay out from the Convention and the complexities thereto while
expecting at least ‘a half and a loaf’ from the application of the customary
international water law regime, if there is any.