حصص الدول المشتركة في نهري دجلة والفرات في ضوء اتفاقية المجاري المائية الدولية لعا1997
The study has dealt with the quotas of the countries involved in rivers Tigris and Euphrates in the light of international watercourses joint agreement made in 1997. The problem of the study lies in the different opinions of the countries of the source and mouth of rivers Tigris and Euphrates. Consi...
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| Summary: | The study has dealt with the quotas of the countries involved in rivers Tigris and Euphrates in the light of international watercourses joint agreement made in 1997. The problem of the study lies in the different opinions of the countries of the source and mouth of rivers Tigris and Euphrates. Considering the legal perspective on the two rivers, the two rivers are passing national rivers of the borders and this grants the countries of the river source the free control, or they are two international rivers with their water being shared by all the intercostal countries. Another aspect of the problem of the study is difference in the quantity of the water quotas required by all the countries of the river source and mouth. The objective of this study is to address the problem identified within the scope of the concept of the rivers Tigris and Euphrates, according to the international legal rules and regulations. It also seeks to explain the geographical situation and the legal centre for the two rivers, analyse the provisions of the joint agreement made on the watercourses in 1997 and apply the laid down legal principles and proceedings associated with the rivers Tigris and Euphrates. The notable principles include the principle of judicious and reasonable use, the principle of not doing a significant harm and the general principle of maintaining cooperation to know the satisfaction of the water quotas of each of the intercostal countries of rivers Tigris and Euphrates. Besides, it explains the means of resolving the conflicts associated with international rivers and operation of long negotiations among the countries of the river source and mouth. Based on the research questions and objectives, it is discovered that rivers Togris and Euphrates are international rivers, according to the provisions of the international law and the joint agreement made on the watercourses in 1997, and the two rivers are not just passing by the borders. This is because the fifth provision of the joint agreement states that there is no free control given to any river, including the countries of the source of rivers Tigris and Euphrates. Equality and justice is based on the principle of judicious and reasonable use and the principle of not doing any significant harm, which are adhered to in some decisions of the international court of justice on the conflict between Hungary versus Slovakia in 1997, which confirms the foundational law made to resolve conflicts associated with the international watercourses. Thus, there is a joint agreement on the international watercourses which has been effective and widely recognized, with its basic principles, as part of the international custom regarding waters. This refutes the Turkish and Iranian proofs and claims that there is a legal vacuum in the water issues concerning the rivers Tigris and Euphrates. Despite the fact that Turkey and Iran did not agree on this joint agreement, both of them are not excused from their Shariah and legal obligations alongside of Iraq and Syria. Meanwhile, the joint agreement was laid down for the interest of the countries of water source and mouth equally, while part of it is a general scope for the riverine countries. It also contributes towards encouraging the countries on the ratification of some international joint agreements, either bilateral or multilateral agreements. |
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