دراسة قانونية حول اتفاقية مجاري المياه الدولية (اتفاقية سد النهضة أنموذجاً)

Abstract

The aim of the study is to introduce what is the international water law, to highlight the legal rules for the use of river water, in addition to the recognition of the watercourse treaties and the legal study of the Nahdha dam agreement as a model. The researcher seeks to follow the descriptive analytical approach. The research has reached many conclusions and recommendations. One of the most important results is that international law derives its legitimacy from five legal sources that regulate the relationship between the countries of the common water basin. These sources are the basis for solving the water disputes between the countries. Which led to most of their agreements during the Western colonization of these countries, which led them to question the legitimacy of these laws and work, especially the Ethiopian state, which implements the dam, which represented a model for the controversy over those laws that were previously held between Sudan and Egypt in 1959 The agreement on the Declaration of Principles on the Ethiopian Renaissance Dam signed by Egypt, Sudan and Ethiopia in Khartoum on March 23, 2015 is a general framework for cooperation and development. Based on the results, the study recommends: reaching an explicit legal agreement obliging Ethiopia to abide by the legal and technical controls on dam construction, The damage to the two downstream countries of Egypt and Sudan and the fruitful diplomatic and technical efforts between the eastern Nile countries to reach technical solutions to ensure that the two downstream countries are not affected. Egypt and Sudan should also take rapid steps towards economic and strategic integration. The different views on some issues, with the need for the Joint Technical Commission of the two countries to discuss the negative effects of dams Ethiopia on them and review of the results of the Egyptian and Sudanese Studies in this regard and unify visions towards these dams out of the framework of 1959 agreement that water relationship between the two controllers.