https://ewl.nri.ac.ir/ Water and Electricity Law en daily 1 Fri, 21 Mar 2025 00:00:00 +0330 Fri, 21 Mar 2025 00:00:00 +0330 https://ewl.nri.ac.ir/article_235676.html Iran is among the dry and semi-arid countries of the world due to the low amount of rainfall and the inappropriate  temporal and spatial distribution thereof. Recent droughts have added to this water stress. Recently, the issue of climate change has been raised, which affects   precipitation levels   in the country. Going through these conditions requires  proper regulation. In fact, the requirement to preserve water resources and the possibility of exploiting these resources is primarily lies in regulation. "Therefore, the existence of a regulatory body is inevitable. The regulatory structure of the water sector in Iran can be divided into two categories: the structure outside the Ministry of Energy and the structure inside the Ministry of Energy. The general policies of the system in the water sector, the Supreme Council of Water, the Ministry of Agricultura- Jahad and the Department of Environment   are considered part of the structure outside the Ministry of Energy. Policies adopted at the ministerial headquarters, the Iran Water Resources Management Company, regional water companies, the National Water and Wastewater Engineering Company, and provincial water and wastewater companies are. The regulatory body of the country's water sector lacks the necessary independence, but possesses the characteristic of accountability. https://ewl.nri.ac.ir/article_235672.html As one of the main pillars of the country's electricity industry, electricity distribution companies are constantly faced with legal and criminal lawsuits in judicial authorities due to their extensive activities and continuous interaction with individuals and various institutions. The number and diversity of these lawsuits, along with the approval of the new Dispute Resolution Councils Law in 1402 and the creation of   peace courts, have led to many ambiguities in determining the jurisdiction of the judicial authority. Also, given that the maintenance and development of public electricity networks are considered one of the most important tasks of electricity distribution companies and these networks are considered public and government property, determining the competent authority to handle lawsuits related to this category of property, in light of recent legal developments, is accompanied by significant challenges and complexities. Accordingly, the present study, using a descriptive-analytic  method and relying on reliable library sources, first explains the legal nature of electricity distribution companies and determines the status of the property under their control. Then, by categorizing the types of related lawsuits, it examines and analyzes the jurisdiction of   peace courts based on the origin and cause of the lawsuits. https://ewl.nri.ac.ir/article_235675.html 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. https://ewl.nri.ac.ir/article_237594.html The unchecked and steadily increasing emission of greenhouse gases has prompted forward-looking countries to pursue the adoption of the United Nations Framework Convention on Climate Change (UNFCCC). As members of the international community, all states share a common responsibility to take action toward reducing carbon emissions. This shared responsibility must be operationalized through differentiated approaches by developed and developing countries alike. Given their historically greater contribution to greenhouse gas emissions, developed countries have undertaken the obligation to achieve absolute emission reductions, alongside two parallel commitments: providing financial support and facilitating technology transfer to developing countries in order to address climate change.Developing countries, in turn, must initially take into account their economic and social priorities and, in parallel with receiving financial assistance and accessing advanced technologies, pursue environmentally adaptive policies aimed at reducing emissions.One key global strategy in this regard is the tripling of renewable energy capacity worldwide. Clearly, the success of a limited number of countries in achieving net-zero carbon emissions will not be sufficient to enable the world to overcome this super-challenge. Nor will such countries remain immune from the adverse impacts of climate change. Beyond national borders, governments must share scientific knowledge and technological advancements. Moreover, through sustained financial support for developing countries, the international community can facilitate the realization of the global objective of tripling renewable energy capacity. Relevant sustainable development instruments and the UNFCCC explicitly emphasize the importance of technology transfer and financial assistance to developing countries. However, the principal challenge lies in the lack of adequate economic conditions and communication infrastructures necessary for the effective utilization of state-of-the-art technologies—constraints that, due to unjust sanctions, are currently unavailable to the country.The government has demonstrated a firm resolve to expand solar and wind power generation. The realization of this commitment requires, on the one hand, private-sector investment and, on the other, the ability to trade clean electricity through the Energy Exchange, the establishment of guaranteed purchase mechanisms by the government, and the timely settlement of payments. Once the private sector gains sufficient confidence for return on investment (ROI), the government’s resolve for developing clean electricity to be fulfilled. https://ewl.nri.ac.ir/article_235671.html Terrorist groups that control specific regions not only threaten social and political security, but they may also create significant problems in water supply, quality, and economic development by targeting water resources. These threats can have negative impacts on national security and the health of local communities. The main objective of this research is to analyze the terrorist threats against water resources and infrastructure, and to assess the inefficacy of domestic and international measures in countering these threats. This study employs analytical and descriptive methods to examine the effects of terrorism on water resources, as well as international documents related to combating such crimes. Additionally, the legal status and executive measures in Iran, including domestic laws and Islamic teachings, are also analyzed. The findings of the research indicate that despite global efforts to adopt legal frameworks in this regard, no effective international actions have been taken to address terrorist threats against water resources and infrastructure. This is due to the lack of attention from international organizations and governments to this issue. In Iran, despite progress in domestic regulations and Islamic principles, efforts to counter these threats still require further strengthening. https://ewl.nri.ac.ir/article_235673.html The "water right" (Haq-e Ab) is a familiar and ancient concept in Iranian civilization. From the time of the invention of the qanat (aqueduct) until today, the focus has been on the legal rights to use water from a specific source. However, when we speak of the "human right to water," meaning that all individuals should have non-discriminatory access to sufficient safe drinking water for their personal use, it is difficult to find traces of this right being guaranteed in this context.In Iran, due to various challenges such as drought, climate change, and inefficient management policies, the provision and maintenance of "water rights" or "water shares" (Haqabeha) have encountered difficulties, which has cast a shadow over the "human right to water." This article examines the status of the "human right to water" and "water rights" in Iran through a comparative lens, looking at international documents and the practices of some other countries.A key finding of this article is that a concept titled the "human right to water" is not current nor guaranteed within our legal system, and our normative rules have stalled at the stage of "water rights" or "water shares." This issue will confront the country's future with a super-crisis of water scarcity. https://ewl.nri.ac.ir/article_235674.html The way of using shared waters has been of great importance for a long time due to the scarcity of these resources and the multitude of beneficiary countries. In such a way that each of the important regions of the world, including Europe, America, Asia, and Africa, have concluded important legal documents and, accordingly, they have prepared specific rules in this regard. Europe due to having a systematic and integrated approach, Africa due to the establishment of multiple water institutions with a consensus decision-making method, Asia due to giving importance to the ecological needs of nature when allocating water resources, and America due to the attention and putting the framework agreement on the agenda. Each of them involved innovations in the management of common water resources; But despite that, important regional documents have not included different legal requirements from each other; Rather, the requirements explained by these documents were common and therefore, the said documents did not have a regional function and each one did not establish unique and separate legal requirements; Rather, all of them have been based on the two important principles of preventing losses and reasonable and fair use.