GOVERNING THE NILE RIVER BASIN: THE SEARCH FOR A NEW LEGAL REGIME
Reviewed by Yasmin Zaerpoor, Massachusetts Institute of Technology
Providing a helpful review of the Nile Basin in relation to the political economy of transboundary water resource management
Governing the Nile River Basin: The Search for a New Legal Regime, by Mwangi Kimenyi and John Mukin Mbaku, Brookings Institution, 2015
Governing the Nile River Basin: The Search for a New Legal Regime is a clear and timely primer for anyone interested in hydropolitics in the Nile Basin and, more specifically, in understanding the significance of the recently signed Declaration of Principles on the Grand Ethiopian Renaissance Dam or Tanzania’s recent ratification of the Cooperative Framework Agreement (CFA). The book’s eleven chapters provide a helpful desk review of the Nile Basin in relation to the political economy of transboundary water resource management including chapters on hydrology (Ch. 2), 1929 and 1959 Nile Agreements (Ch. 4), and recommendations for a future legal framework (Ch. 11).
Although the book clearly introduces the obstacles to cooperation in transboundary water management in the Nile Basin; at times, it adopts a less than objective tone when describing Egypt’s role in the Basin. While Egypt’s power in the Basin is indisputable, and most of the book’s more critical references to Egypt’s control in the Basin are references to other authors’ works, the ‘Egyptian perspective’ is not as well developed as the upstream perspective. That said, the authors do recognize Egypt’s near-complete dependence on the Nile and emphasize that any future basin-wide legal framework must recognize this as well.
The authors aptly point out that the ‘question in the Nile River basin today is not whether to change the status quo but how to do so.’ In the final chapter, they highlight several components of a process they believe will lead to the development of an effective basin-wide legal instrument. These include (i) recognition of Egypt’s dependence on the Nile; (ii) an inclusive and participatory process; (iii) ownership of the process by the Nile Basin states; (iv) basin-wide consultation to ensure the buy-in of all stakeholders (not just government representatives and technocrats); (v) adequate support (e.g. lodging, translators, etc.) for participants engaged in the process; and (vi) flexibility in the design of the legal instrument to account for uncertainty related to climate change.
It is not entirely clear, however, how their recommendations are different from the CFA drafting and negotiation process. In other words, by the end of the book, although the authors clearly illustrate the limited efficacy of the CFA as a basin-wide legal framework in the absence of Egypt and Sudan’s support, they do not present a very clear or strong case for why their recommendations would lead to a different outcome. Given the very recent developments in the Nile Basin (which occurred after the book was published), it would be interesting to hear the authors’ perspectives on how, if at all, the momentum for cooperation catalyzed by recent events could be used to renew the Basin states’ commitment to the CFA process. After ten years of negotiation, it would be a shame to abandon the CFA altogether.