In The Fairness ‘Dilemma’ in Sharing the Nile Waters, Zeray Yihdego enquires into the fairness issues 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 during its construction, filling, and operation. This 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.
Yihdego articulates the lessons that can be applied to public international law and suggests a process to address the issue of unfair agreements, arguing that, although the principle of fairness’s application can be complex, the notions of procedural fairness and distributive justice can define and delineate the principle with reference to a specific treaty regime.
