The Influence of the UN Watercourses Convention on the Development of the Nile River Basin Cooperative Framework Agreement (CFA)

Abstract

The 1997 UN Watercourses Convention has influenced the development of many bilateral and multilateral international water agreements. There is ongoing debate on the extent to which the Watercourses Convention has influenced the Nile River Basin Cooperative Framework Agreement (CFA). In this article, the author examines the interface between Watercourses Convention and CFA on some of the most contentious issues therein. It is argued that the Watercourses Convention has (in spite of various criticisms) greatly influenced the development of CFA in terms of the substantive and procedural contents of the agreement. The influence of the Watercourses Convention is more visible in shaping some of the major substantive principles such as the general obligation to cooperate, the principle of equitable and reasonable utilization, and the duty not to cause significant harm. The Watercourses Convention has also influenced the CFA’s procedural rules such as the duty to exchange information, settlement of disputes and institutionalization of cooperation. In the era of increasing water security tension among the Nile River riparian states, the Watercourses Convention is set to dominate emerging new developments toward regulating the utilization, conservation, and management of the Nile River. Key termsWatercourses Convention · CFA · Nile · Impact · International Water Law