International Regulation to Ensure Iraq’s Water Share from Upstream and Neighboring Countries: The Euphrates and Tigris Rivers as a Case Study

Abstract

Water has become a source of conflict and a tool of contention between nations worldwide. This issue is particularly relevant in the Middle East, where every country has, at some point, been involved in disputes over water, regardless of the severity of these conflicts. These disputes are not limited to natural water resources; even artificial rivers are subject to disagreement. Therefore, regulating the use of these water resources can alleviate the disputes between countries. This highlights the importance of this research, which focuses on examining the legal frameworks for managing the Tigris and Euphrates rivers, the related agreements, and the feasibility of applying international regulations to these issues. 

We posed a key question that guided our study: to what extent can the riparian states of the Tigris and Euphrates rivers apply the relevant agreements and conventions governing these rivers? Utilizing historical, descriptive, and analytical legal methodologies, we divided our research into two main sections. The first section explores the legal frameworks governing the rivers, while the second assesses the feasibility of implementing international regulations related to them.

In conclusion, our study revealed that Iraq’s position was aligned with the nature of the exploitation of the Tigris and Euphrates rivers and was suited to its needs. In contrast, Turkey's position was inflexible, and many of its projects caused significant harm to Iraq. Furthermore, Turkey did not adhere to international principles regarding effective river use, the prevention of harm to neighboring countries, or comply with the agreements it had made with Iraq. We recommend focusing efforts on developing mechanisms to ensure countries adhere to international agreements on transboundary waters. This includes sharing information and data related to water sources and projects, committing to negotiations to find mutual solutions, and encouraging the establishment of joint river institutions and committees to address these issues.