Regulating the use of transboundary river waters according to international public law

Abstract

This period of time is characterized by an increasing decrease in water, which leads to an increase in its importance, especially fresh water, including river water, whether national or international rivers. However, national rivers do not have a problem in use according to international law, as the national river originates and flows within the same borders of the state and does not exist outside its territory.

As for international or transboundary rivers, they pass through more than one country and benefit both riparian and non-riparian countries, especially if they have international importance in the field of international navigation. This sharing of transboundary river waters may cause international disputes between countries. The importance of the research is based on studying the agreements and treaties regulating the use of international waters and examining their provisions.

The aim of the study is to know what international treaties and agreements have achieved in terms of objectives included in their texts on the ground, in the field of using water for non-navigational purposes. The problem of this study, it is to know the reasons for the existence of international disputes between the countries of the transboundary rivers or the riparian countries, under the pretext of the lack of equality or justice in the use of water, despite the existence of international agreements and treaties that regulate the division of international river waters and the use of these waters for non-navigational purposes.

The research is relied on the critical and analytical approach by searching in international legal documents under international law and trying to analyze and clarify the most important provisions and articles of these documents that regulate the use of international waters.

The research has concluded to two points: Firstly, the jurisprudential theories that emerged and the legislative treaties that were concluded are not sufficient to achieve justice between countries in use the water of rivers, as these theories and treaties sought to establish the most important basic principles for riverine countries to rely on in their use of water and their respectful treatment of other riparian countries.

Secondly, the international water problem may harm the relations between countries if it is not resolved in a way that satisfies all countries. In addition, political tension may contribute to the intensification of the problem, especially since some upstream countries view the waters of international rivers as an internal lake that God has granted them, and no one else has the right to share it.