Domestic and international law for Transboundary Rivers: case study of Iran and Iraq border Transboundary Rivers

Abstract

Nowadays the world is facing water crisis, and people in the world face severe water scarcity. Rivers as one of the primary sources of water supply play an essential role in the environmental and strategic interactions of the countries. In the scarce water period, sharing rivers can potentially cause problems in terms of water resources usage between countries. The lack of suitable agreement between countries may increase the problem of water usage. In this situation, water-scarce in a country leading to the conflict and pressure on water resources. Having the rights and laws regarding water usage and requirements can solve these problems and tensions. Besides achieving sustainable development, environmental protection, and integrated water resources management, the investigation of water resource laws is necessary to make sustain and stable agreement. From the four main theories concerning the exploitation of frontier waters, namely absolute territorial sovereignty, territorial integrity, state's cooperation of rivers usage, and limited territorial sovereignty, international law mainly relies on the limited territorial sovereignty. Investigation of the international agreements, opinions of international law experts, international court laws, and decisions made by international organizations indicate that governments act mainly on the principle of limited territorial sovereignty. This principle generally emphasizes on this point that the countries nearby the frontier water resources should have legal and fair rights to use these water resources.