The “Declaration of Principles” signed in 2015 between the Heads of State and Government of the three countries is not a treaty and does not confer rights and obligations between and between the signatories. The ABCs of Contract Law tells us that the mere agreement of States on any subject cannot necessarily be considered a treaty. The DoP is merely a collection and reformulation of general principles of international law that do not specify the rights and obligations of signatories with respect to the subject matter of the agreement. Without the mere indication of the GERD, no objective object is specified in the agreement. The highest normative status that the DoP could achieve is soft law. In addition, it appears that President Sisi, who warned Ethiopia of a possible conflict over the GERD and viewed Egypt`s share in the Nile as a matter of national security and “a red line that cannot be crossed,” has begun to accept the fait accompli. He recently tried to allay Egyptians` fears about the risks of failed GERD negotiations and urged them not to worry. In addition, pro-regime newspapers and media1 downplayed the effects of the second dam filling1 to appease public anger. Egyptians blame Sisi for not respecting Egypt`s rights on the Nile and accuse him of signing the Declaration of Principles, an agreement that allowed Ethiopia to control Egypt`s rights over the waters of the Nile. For example, a prominent Egyptian journalist, Abdel Nasser Salama, vehemently criticized Sisi after Ethiopia announced the completion of the second filling of the Renaissance Dam. He even called on Sisi to resign, blaming Egypt`s “heavy defeat” against Ethiopia.

Not surprisingly, a few days later, Egyptian security forces arrested Salama and accused him of “financing terrorism.” ENRIQUE JAVIER OCHOA MARTÍNEZ (Mexico), while regretting that no significant progress had been made despite years of negotiations, said that while the Council should pay attention to any issue that involved becoming a threat to international peace and security, the current issue was regional in nature and should be considered in accordance with the principle of prevention. He added that the international community should support the mediation efforts of the African Union. He called on the three countries concerned to reach an agreement on the filling of the dam and to refrain from any measures that could undermine the goodwill required for an agreement. He stressed that Mexico, like other members of the Council, has a long history of sharing water resources, both on its northern border with the United States and on its southern border with Belize and Guatemala. The International Border Water Commission, established in 1989 between the United States and Mexico, could serve as a good model for similar agreements between Ethiopia, Egypt and Sudan, he suggested. While offering to share his country`s experience, he warned that water resources management is never without challenges and stressed the importance of a dispute settlement mechanism. An attempt to find the object or object of the DoP from the preamble remains difficult. The preamble states: “Taking into account the growing demand of the Arab Republic of Egypt, the Federal Democratic Republic of Ethiopia and the Republic of the Sudan for their transboundary water resources, and aware of the importance of the Nile as a means of livelihood and an important resource for the development of the peoples of Egypt, Ethiopia and the Sudan, the three countries committed to the following principles at GERD: ABDOU ABARRY (Niger) described the Great Ethiopian Renaissance Dam as a project with immense potential, but its construction has become a source of misunderstanding and tension between the three states concerned. He called for renewed political will to negotiate and said the African Union should have the power to present proposals for a final agreement. He called on Egypt, Ethiopia and Sudan to refrain from any action that could jeopardize such an agreement, stressing: “Peaceful coexistence is priceless.” He stressed that his own country is part of a successful water management framework of nine states known as the Niger Basin Authority.

Welcoming the recent communiqué of the Assembly of the African Union, in which it pledged to advance the negotiations, it stressed the important principle of subsidiarity and stated that it should encourage the three countries concerned to address their own challenges. On the contrary, Egypt has flagrantly violated Ethiopia`s sovereign right not to be forced to enter into negotiations and sign a treaty text. This is a violation of the Charter of the United Nations and Article 6 of the VCLT. It should be noted that the right to conclude an international agreement is an attribute of state sovereignty. VASSILY A. NEBENZIA (Russian Federation), while recognizing the importance of the largest hydropower project in Africa, highlighted the legitimate concerns of Egypt and Sudan about its potential negative impact in the absence of an agreement. However, there is no alternative to resolving the dispute than negotiations, he said, stressing that the search for a solution must be conducted in the spirit of the 2015 Khartoum Declaration and must take into account the progress made in determining the modalities of the dam. “Mutual understanding and trust are necessary,” he added, warning that statements about the possible use of force should be avoided. .