International Criminal Guarantees To protect the shared rivers of Iraq and Turkey
- Author:
- Hatem Abdulkareem Mohammed Al-Sahar
- Level:
- Master
- Field of study:
- Low
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2022
- Publisher:
- URD Press
International rivers are characterized by their great importance despite their distinction from the rest of the international watercourses that were mentioned in the Law of the Sea of 1982 and with the different designations that were given to international rivers and as mentioned in the body of the letter. Of course, there is a historical and legal development that began with the use of international rivers, starting with the Paris Treaty of 1814 and what followed to the emergence of the United Nations Convention on the Use of International Rivers for Non-Navigational Purposes of 1997. This legal development was accompanied by a jurisprudential development that took into account The use of international rivers between riparian countries, starting from the traditional jurisprudential theories that take into account the principle of absolute territorial sovereignty, all the way to modern jurisprudential theories that depend on collective participation in the various uses of international rivers. It is natural that there are international disputes between the riparian countries about the various uses, whether because of the quality and quantity of water according to the perspective of the political and legal nature of the dispute, as it appears accordingly the international responsibility that requires the existence of international penal guarantees to protect international rivers and before entering into the penal guarantees, it must be remembered that there are means Settlement of these international disputes or the responsibility resulting from them in their various diplomatic, political and judicial classifications. We should not forget here the role of international and regional organizations, the Helsinki rules of 1966 and the United Nations Framework Convention of 1997. With regard to the water dispute over the Tigris and Euphrates basins between Iraq and Turkey, this is governed by public international law, especially in its branch represented by the international water law, which guarantees the international legal rights of the countries concerned with the use of the waters of international rivers about conflicts of view, and this is represented by a commitment to international treaties and agreements concluded with regard to Iraq And Turkey, there is a specific article in the Lausanne Agreement of 1923 that guarantees the use of the two rivers, in addition to the Good Neighborhood Treaty of 1946 and Protocol No. 1 concerning the use of the waters of the two rivers and the protocol concluded between Iraq, Syria and Turkey in 1987 that stipulates that the releases of the Euphrates River shall not be less than 500 cubic meters per second in addition to To the international obligations regulating the use of international rivers represented in the principle of equitable and reasonable use, not causing harm, international cooperation and the principle of notification before establishing water facilities on common international rivers. On the contrary, international responsibility rises and we are in front of penal guarantees. The penal guarantees, whether they are free of coercion or included in it, appear in the event of failure to reach a consensual diplomatic or judicial settlement as a means of pressure on the abusive source countries by using their right away from the basic principles of international interaction such as good faith, good neighborliness and international interaction.