1. Ambiguity as the solution for the Nile Legal Deadlock? ANA CASCÃO King’s College of London/ London Water Research Group Presentation to: NBDF 2008 Khartoum, Sudan 17-19 November
2.
3.
4. The Nile riparians and UN Water Convention UN Water Convention 1997 IN FAVOUR: Kenya Sudan AGAINST: Burundi ABSTENTION: Egypt Ethiopia Rwanda Tanzania None of the Nile riparians have yet sign or ratified the Convention
5.
6.
7. ... Legal Deadlock – what happens to existing agreements? “ Old” Agreements New Agreement Maintenance of existing agreements Maintenance of current allocations Principle: No harm “ Prior Use” & “Acquired Rights” 1959: Valid Agreement Supersession of old agreements Renegotiations of Volumetric Allocations Principle: Equitable Utilisation Do not recognise the 1959 Agreement Call for a new all-inclusive agreement Long-lasting Deadlock
8.
9. Article 14 - Deliberated Ambiguity... “ WATER SECURITY” Article 14: “(...) the Nile Basin States therefore agree, in a spirit of cooperation, to work together to ensure that all states achieve and sustain water security and not to significantly affect the water security of any other Nile Basin State ."
10. Deliberated Ambiguity in Water Negotiations & Agreements 1994 Israeli-Jordan Water Agreement 1993-1995 Israel-Palestine water negotiations 1954 India-Nepal water agreement on the Kosi River 1954 India-Nepal water agreement on the Mahakali River 1996 India-Bangladesh Ganges Treaty 2007 Nile Cooperative Framework Agreement
11.
12. Keys to unlock the political deadlock Ambiguity, if Constructive Serious Political Commitment at the highest level Signature & Ratification of the Agreement Acceleration of the cooperation process
13. Sharing benefits BECAUSE OF and BEYOND political commitment Establishment of Nile Basin Commission (NBC) Full Legal Status Positive message to donors and investors Increased investment Projects on-the-ground Intensification of cooperation process Need to accelerate the cooperation process
14. Ambiguity as the solution for the Nile Legal Deadlock? Legal deadlock Constructive Ambiguity Political Commitment Disambiguation & Compliance “ Binding Cooperation” Ambiguity is an intermediary step towards political commitment!
![Legal Milestones in the Nile Basin ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)