Cascao Greece Ambiguity Law Nile Basin Agreement

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  • Cascao Greece Ambiguity Law Nile Basin Agreement

    1. 1. AMBIGUITY IN TRANSBOUNDARY RIVER BASINS AGREEMENTS AND NEGOTIATIONS THE CASE OF THE NILE RIVER BASIN Ana Cascão King’s College of London
    2. 2. WARNING: this presentation may contain implicit illusions
    3. 3. WATER LAW & AMBIGUITY NEXUS Nothing is “ as clear as water” “ Normative Vagueness” Gets less clear when water is transboundary 1997 UN Convention includes vague norms/provisions “ Constructed Uncertainty” Often deliberately embedded in water negotiations and treaties
    4. 4.  POS OF USING AMBIGUITY <ul><li>Increase flexibility in stiff negotiations </li></ul><ul><li>Accomodate divergent interests </li></ul><ul><li>Defuse conflictive positions </li></ul><ul><li>Create room for political compromise </li></ul><ul><li>Resolve long-lasting deadlocks </li></ul><ul><li>Facilitate conclusion of agreements </li></ul>CONSTRUCTIVE AMBIGUITY Ambiguity CAN Fischhendler 2008
    5. 5.  CONS OF USING AMBIGUITY <ul><li>Induce different and divergent interpretations </li></ul><ul><li>Increase legal controversies </li></ul><ul><li>Difficult implementation of agreement </li></ul><ul><li>Encourage non-compliance </li></ul><ul><li>Contribute to prolongation of conflicts </li></ul>Ambiguity CAN ALSO DESTRUCTIVE AMBIGUITY Fischhendler 2008
    6. 6. DELIBERATED AMBIGUITY IN WATER NEGOTIATIONS & AGREEMENTS 1994 Israeli-Jordan Water Agreement 1993-1995 Israel-Palestine water negotiations 1954 India-Nepal water agreement on the Kosi River 1954 India-Nepal water agreement on the Mahakali River 1996 India-Bangladesh Ganges Treaty 2007 Nile Cooperative Framework Agreement
    7. 7. NILE RIVER BASIN – A LEGAL DEADLOCK Downstream Riparians Upstream Riparians Old agreements New agreement “ Prior Use” “ Equitable Utilisation” Legal Deadlock 10Years of Negotiations Ambiguity
    8. 8. AMBIGUOUS “WATER SECURITY” NILE COOPERATIVE FRAMEWORK AGREEMENT Article 14: “ (...) the Nile Basin States therefore agree, in a spirit of cooperation, to work together to ensure that all states achieve and sustain water security and not to significantly affect the water security of any other Nile Basin State .&quot; Egypt/Sudan proposal: “ (...) the Nile Basin States therefore agree, in a spirit of cooperation, to work together to ensure that all states achieve and sustain water security and not to adversely affect the water security and current uses and rights of any other Nile Basin State.” Entebbe, June 2007 Illusionary consensus Pragmatical ambiguity Status quo maintenance
    9. 9. Illusionnary cooperation
    10. 10. <ul><li>Thanks for your attention! </li></ul><ul><li>I am available to reply any ambiguous or precise question </li></ul>[email_address]

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