Analysis of the legal system governing shared waters in international judicial and arbitration authorities and examining the gaps in Iran's legal system

Document Type : Original Article

Authors
Mersedeh Mazloumi 1
Elham Aminzadeh 2
1 Ph.D. in International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2 Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
10.30503/ewl.2025.442690.1009
Abstract
The legal management of water resources has gained great importance in recent years due to the needs of the growing population and its political, economic and security aspects. The importance of this management is further amplified when these resources are shared between two or more countries, as these water resources are limited and the equitable and reasonable distribution of such resources among nations has become a priority for governments in the international arena. . In this article, the legal system governing international judicial and arbitration authorities has been analyzed and by this means, reassuring principles and rules have been presented to solve the challenges specific to common waters, so that the existing gaps in the national legal systems can be identified, evaluated and resolved. Following this, appropriate legal solutions have been presented to improve Iran's legal framework in the field of Equitable and Reasonable Utilization of this country, including the quality management of shared water resources and the allocation of these waters in relation to neighboring countries regarding shared water resources. In this regard, it is suggested that the agreements between Iran and its neighbors should be concluded according to the fundamental principles of prohibition of harmful exploitation and reasonable and fair exploitation, and should have the necessary flexibility to comply with various conditions.
Keywords
legal system
shared waters
equitable and reasonable utilization
no harm.