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39 B. C. Int'l & Comp. L. Rev. 1 (2016)

handle is hein.journals/bcic39 and id is 1 raw text is: INTERNATIONAL WATER RIGHTS ON THE WHITE NILE OF THE NEW STATE OF SOUTH SUDAN ANDREAS K. WENDL* Abstract: The birth of South Sudan falls directly in the demarcation zone of the rivalry between downstream and upstream riparian states on the waters of the Nile River. The downstream states-Egypt and Sudan-stress their natu- ral and historic rights to the entire flow of the Nile based on the 1959 Nile Agreement and older colonial treaties, while the upstream African states re- fuse to be bound by colonial treaties and claim their equitable share of the Nile River by promoting South Sudan's accession to the Cooperative Frame- work Agreement (CFA). The Nile River Basin lacks an international binding water agreement that includes and satisfies all the riparian states. This Article analyzes the status quo of South Sudan's water rights to the Nile River by ad- dressing the following questions: Is the new state bound by any rights and ob- ligations established by the 1959 Nile Agreement? Is it advantageous for South Sudan to accede to the CFA, which provides for modern principles of international water law? The Article applies the customary international law of state succession to South Sudan's secession from Sudan to determine if the 1959 Nile Agreement is binding between the two states. It concludes that South Sudan succeeded Sudan with regard to territorial rights and obligations established by the 1959 Nile Agreement, as customary international law rec- ognizes that legal obligations of a territorial nature remain unaffected by state succession. South Sudan should enter into negotiations on a binding water agreement to allocate the 18.5 billion cubic meters of water granted to it under the 1959 Nile Agreement. The Article concludes that South Sudan should ac- cede to the CFA within its allotted portion of the Nile waters under the 1959 Nile Agreement. INTRODUCTION The Nile River Basin expands from the rainforest of Lake Victoria over the wet highlands of Ethiopia to the deserts of Sudan and Egypt until it © 2016, Andreas K. Wendl. All rights reserved. Attorney-at-law at Herbert Smith Freehills LLP Berlin; LL.M. degree at the Fletcher School of Law and Diplomacy, specialized in International Environmental and Energy Law, presented this Article at the Fletcher LL.M. Conference in Spring 2015; passed both German legal state examinations with distinction. This Article was supported by Professor David A. Wirth, Professor of Law, Boston College Law School, Newton, Massachusetts.

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