This book analyzes the distribution and utilisation of the water of the Euphrates and Tigris river system from the perspective of international law. It shows which international treaties and provisions of international customary law regulating the non-navigational use of international freshwater systems are binding for the riparian states, Iraq, Syria and Turkey, and how the distribution and utilisation of the waters of the river system are governed by these. This study uses two Turkish dams-the AtatÃ?Â1/4rk Dam on the Euphrates and the Ilisu Dam on the Tigris-to illustrate which provisions of international law are binding and what problems will arise concerning the application of these principles. [Subject: Environmental Law, International Law]

This book by a renowned environmental lawyer and scholar proposes a regime scheme that is not only based soundly on existing treaties concerning access rights to fresh water, but also on the human rights of persons dependent on rivers and lakes for water and food. Focusing on the Tigris-Euphrates basin, which is shared by Iraq, Syria, and Turkey, Professor Elver explores the transnational arrangements among these three countries for the allocation of river resources. The author clearly exposes the potential for conflict, and sets forth the role that international law can play in resolving such conflict and protecting the human rights of local populations. Published under the Transnational Publishers imprint.

Water Law and Cooperation in the Euphrates-Tigris Region: A Comparative and Interdisciplinary Approach builds on the increased attention for international water governance questions in the UN International Year of Water Cooperation (2013) to evaluate various management issues related to the Euphrates and Tigris rivers, with particular attention to the legal governing framework. Alongside contributions by legal scholars from the respective riparian countries on the national water law, the book offers a unique interdisciplinary perspective on political, hydrological and environmental aspects of water management in the region. Additionally, the overall legal implications of water sharing and water resource management are addressed analyzed, in a critical overview. Finally, Water Law in the Euphrates-Tigris Region: A Comparative and Interdisciplinary Approach serves as a comprehensive analysis of modern water law in its inclusion of comparative studies of legal and institutional aspects of water management systems in other international river basins. Legal scholars, political scientists, specialists in conflict resolution, economists and policy-makers will find an essential new work in Water Law in the Euphrates-Tigris Region: A Comparative and Interdisciplinary Approach.

Due to a variety of reasons, water resources on the globe are becoming scarcer. The degree of water scarcity and its political, economic and social implications are felt more severely in regions like the Middle East. The Euphrates-Tigris river basin is one of the major sources of water, but also a source of tension in the region. Unless cooperation is achieved among the riparian countries, namely Turkey, Syria and Iraq, in the areas of management, allocation and utilisation of the waters of the Euphrates-Tigris basin, growing scarcity may result not only in conflict, but also in further devastation of an extremely vital source. Recently, water has become a subject matter of international law, and formal and informal deliberations in international conferences have produced general principles and norms for using and managing water resources effectively. Hence, this book is an attempt to put together a meaningful set of principles, norms, rules, and decision-making procedures of a region-specific regime framework for effective utilisation of the waters of the Euphrates-Tigris river basin with a view to promoting cooperation among the riparian countries.

The geopolitics of the Euphrates-Tigris River Basin are marked by a scarcity of both water and trust. Management of transboundary water resources has become one of the most significant challenges to the international community. Limited territorial sovereignty is emerging as a customary rule of international law and is supported by the Convention on the Law of Non-navigational Uses of International Watercourses, the Gabcikovo-Nagymaro case, a growing number of regional water treaties, and the majority of the most highly qualified scholars. The International Court of Justice has condemned unilateral action. Joint water management commissions and authorities enhance adaptable co-riparian cooperation. By establishing a comprehensive set of procedural rules, international water law provides a framework within which States can exchange technical information and notification of water projects. Iraq, Iran, Syria, and Turkey can avert conflict over increasing water scarcity by crafting integrated water resources measures based on equitable and sustainable utilization.

Présentation de l'éditeur : "Despite Asia's large share of global water resources, and the importance of its water for sustaining one of the largest agrarian populations in the world, Asia's trans boundary water resource management regimes are poorly developed. There are only two working international regimes in South and South-east Asia: the Mekong and the Indus regimes. The remaining international watercourses in Asia are used by riparian countries in a self-interested manner, without much consideration for the interests of other states or for the environment. These national interests do not often represent the interests and needs of the local people. This book is divided into three Parts. Part I discusses the different contexts of law-making in the industrialized west and in agrarian societies in Asia, as well as the changing context of law-making following the emergence of the concept of sustainable development. Part II discusses the regime of international watercourses. Part III of the book presents two case studies in Asia: the Mekong and the Ganges. The main argument is that in the absence of public participation in decision-making and resource management, the basin states revert to using the watercourses according to the principles of the classical regime. The result, so far, has been unsustainable development, environmental degradation and growing poverty of local user communities."