The Effectiveness of International Water Law in Dispute Resolution in Shared Watercourses: Case of Nile River Basin

This article assesses the efficacy of International Water Law in resolving conflicts in the Nile River Basin. The focus is on the contentious 1959 agreement, which heavily favored Egypt and Sudan, leaving other countries without basin utilization rights. The 1959 agreement allocated the majority of water to its downstream states based on the outdated concept of historical rights, disregarding the needs and future development plans of upstream states. Moreover, a lack of enforcement power undermines cooperation and leads to disputes among member states. The International Water Law aims to improve cooperation through agreements, particularly the 2011 Cooperative Framework Agreement (CFA) and Declaration of Principles (DoP). The review argues that the CFA has not been ratified by all countries and that the DoP only involves three of the eleven Nile River Basin states. These limitations hinder efforts to develop shared water resources peacefully. The review concludes that the unclear terms in the 1959 agreement, weak enforcement mechanisms, and the absence of an inclusive agreement that considers future water needs and climate change pose significant challenges. Currently, the International Water Law is struggling to ensure fair and sustainable water use in the Nile River Basin.