Negotiations On The Gerd Examination Of The 2015 Agreement On The Declaration Of Principles And Beyond

International water law governing international watercourses evolved from various theoreticalrnfoundations and doctrines. These doctrines cemented the codifications of the fundamentalrnprinciples of international water treaties, rules and customary international water law.rnAccordingly, the principle of “equitable and reasonable utilization”, the principle of “notrncausing significant harm” and the duty of cooperation becomes the core substantive principlesrngoverning the right and obligation of states sharing international watercourses. This research isrndevoted in the examination of the declaration of principles on the GERD in the law ofrninternational watercourses. The work makes assessments of the declaration of principles on thernGERD agreed among Egypt, Ethiopia and Sudan in 2015 under the UN watercoursesrnconvention, the Helsinki Rules on international watercourses and Berlin Rules on waterrnresources. Along this, since the Nile water agreements are the common legal contestationsrnamong the upper and lower basin states, this work looked in to it. Moreover, because thernprinciple of “equitable and reasonable utilization”, the principle of “not causing significantrnharm”, the principle of cooperation and principle of settlement of international water disputernare the pillars of international water rules, this work tried to clarify their conceptualrnframeworks, interpretive approaches and practical applications. Then, examination of therndeclaration of principles in the substantive principles of international water law is very crucialrnto dictate the right and obligation of Egypt, Ethiopia and the Sudan. To this end, this workrntorches some light on the interpretive approaches implied in international water laws to therndeclaration of principles on the GERD. On top of this, the research examines the threshold of thernharm inflicted by GERD which is contented by Egypt and the Sudan based on the report of thernInternational Panel of Experts. Accordingly, this research confirmed that Ethiopian cooperativernefforts in initiating and forming “harm assessing bodies” such as international panel of experts,rntripartite national committees and National Independent Scientific Research Groups clearlyrnimplies the fact that Ethiopia achieved its due diligence obligation imposed on it under thernprinciple of preventing transboundary significant harm. The cooperation also shows Ethiopianrnadherence to use waters of the Blue Nile, including construction of the GERD, in accordancernwith the principle of equitable and reasonable utilization.

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