The Fairness ‘Dilemma’ in Sharing the Nile Waters: What Lessons from the Grand Ethiopian Renaissance Dam for International Law?

This monograph enquires into the fairness dilemma in connection with the construction of the Grand Ethiopian Renaissance Dam (GERD) in light of relevant colonial-era Nile treaties, post-1990 Nile framework instruments, and international watercourses law. The GERD is now a fait accompli, but fairness considerations will continue to be vital issues in its completion, filling, and operation. The monograph argues that the GERD is a symbol of a fair share of the Nile waters by Ethiopia, the realization of which depends on, inter alia, an appropriate economic return, benefit sharing and prevention of significant impacts. The monograph also calls for a process to address the issue of unfair agreements, and argues that, although fairness application can be complex, the notions of procedural fairness and distributive justice can be applied to define and delineate the principle with reference to a specific treaty regime.