The international water law implications of the construction and operation of major infrastructural projects: the case of the grand Ethiopian Renaissance Dam

Abstract

The Grand Ethiopian Renaissance Dam (GERD) project by Ethiopia, which upon completion will be the largest power project in Africa and the tenth largest in the world, raises several concerns regarding its effects, primarily on the downstream states of Egypt and Sudan. This dissertation examines the legal implications of its construction and operation within the International Water Law (IWL) framework. It aims to provide a comprehensive analysis of the relevant principles and norms of IWL and their application to the GERD dispute. It explores the obligations and rights of the parties involved, focusing on the principles of reasonable and equitable utilisation, the no-harm rule, and the duty to cooperate. Through a discussion of the relevant treaties, customary law, and judicial decisions, this dissertation analyses the arguments put forth by the parties concerned and investigates the potential impacts of the GERD on water security, the environment, and socio-economic aspects of the region. This research analyses the dispute mechanisms available under IWL and the extent to which they have been successful in the context of the GERD dispute, and recommendations are made as to a way forward in the settlement of this dispute and sustainable water management that facilitate cooperation and ensure the equitable utilisation of shared water resources in the context of major infrastructural projects.