The Impact of the 1959 Agreement on the Legal Status of the Nile in the Post-Colonial Period

Barbara Mielnik

doi:10.2478/slgr-2021-0016

Abstract

Abstract The Nile, one of the longest rivers in the world, has not been subjected to a uniform legal regime yet, despite the pressing needs. The hitherto proposals presented by the riparian states of the lower and upper reaches have not been unanimously accepted. Egypt and Sudan face particular difficult situation since the Nile river is their main source of water supply. It is argued that the lack of necessary coordination among all the States in the basin may in the future lead to significant damage and consequences both in terms of access to water and its quality. This short study critically examines past and present initiatives undertaken to solve one of the most controversial aspects of international law in Africa.

Highlights

The legal history of international rivers began mainly in Europe after the Congress of Vienna in 1815
In order for the river to be recognized as an international one, it must fulfill certain criteria characterized by international documents and doctrine
The situation seemed to be quite serious when in June 2013 Egyptian politicians discussed in a televised meeting the possibility of using force to protect their interests in the Nile. Such strong arguments could have been a part of the political debate conducted in connection with the work on the new national constitution, which does not alter the fact that the document itself requires the state to preserve Egypt’s

Summary

Introduction

The legal history of international rivers began mainly in Europe after the Congress of Vienna in 1815. Almost immediately after the 1959 Agreement entered into force, Egypt and the Sudan started consultations with upper riparian states on the joint management of the river These discussions revealed the need to undertake studies to improve the available technical information on the hydrology of the Nile basin (Carroll 1999). Such strong arguments could have been a part of the political debate conducted in connection with the work on the new national constitution, which does not alter the fact that the document itself (adopted in 2014) requires the state to preserve Egypt’s “historical rights” to the Nile20 In this regard, the former executive director of the Nile Basin Initiative has said: “The seven countries don’t want to fight Egypt because of water. It is worth remembering that, Egypt and the Sudan still strive to fully respect the agreements of 1929 and 1959, they were concluded under the colonial regime and some say that “the 1929 and 1959 Nile water agreements come under the extensive list of treaties that can be nullified at any time” (Worku 2016)

Conclusions

Findings

19 Grand Ethiopian Renaissance Dam