جستجوی مقالات مرتبط با کلیدواژه « water rights » در نشریات گروه « علوم انسانی »

Water and water resources are considered one of the most strategic issues for human beings. Water management, including legislation, is important for all governments. In Iran, numerous laws related to water have been enacted over the past century. The present study aims to investigate the evolution of water-related laws in Iran in order to identify the existing and revised laws in this area.

This descriptive-analytical study was conducted by referring to library resources.

The findings show that numerous laws have been passed regarding water. However, these laws have been mostly case-specific and enacted without regard to previous laws, failing to meet international standards for water management.

The abundance of water laws in Iran does not necessarily imply their desirable quality. The existence of numerous, case-specific and inconsistent laws has led to practical problems. Therefore, reforming the existing laws and developing comprehensive and integrated statutes seems necessary.

The water crisis is one of the most important environmental threats of the 21st century, which leaves negative effects in various sectors of agriculture, social, economic, health, international relations, and also  the environment. This issue has caused a crisis in the political relations of the countries that have common watersheds. Therefore, due to the importance of water resources, water geopolitics or hydropolitics has become a topic and has provided the context for patterns of interaction ,and cooperation or conflict between groups, political actors and countries.The relations between Iran and Iraq have been critical for several decades due to geopolitical factors such as the water issue. Because Iraq has faced water problems in the Tigris and Euphrates river basins due to Turkey's actions. Therefore, it is expected that Iran will take preventive measures against the desired water transfer projects in the Little Zab River, Alvand and Sirvan river basins.Hor al-Azeem is the largest common border wetland between Iran and Iraq In the last two decades, with the occurrence of severe droughts, the implementation of dam construction programs and numerous drainage irrigation networks on the Karkheh River and its tributaries, unfavorable conditions have been created in terms of providing environmental water rights for this wetland, which has become a source of fine dust production. has become and as a result has caused many environmental, social, political and economic problems.

Based on the descriptive-analytical method and through the use of documents, evidence and historical evidence related to the subject of the research, this research has investigated the hydropolitical effects of Horul Azim on the environmental damage of Iran and Iraq.

The main source of water supply for Horul Azim Wetland is a part of Tigris river in Iraq and Karkheh river in Iran. One of the major problems in the Horul Azim wetland is the discussion of dam construction in the Euphrates river basins in Turkey. Considering the fact that this dam is located on the border of southeast Turkey and its construction on the Tigris River, which flows into Iraq and has made Iran's environment dependent on it, this issue is of great importance for Iran. Among other potential areas of wetland crisis, we can mention the Karkheh basin in Iran and the Tigris and Euphrates basins. The Horul Azim wetland in Iran is also damaged due to the lack of water due to the use of water from the rivers entering the wetland for agricultural purposes and the entry of sewage into it. Among the destructive actions of the Iraqi government that have caused the drying up of Horal Hamar, Central Hor and Hor al Azim. One of these measures that contributed to the accelerated drying of wetlands was the drainage measures in Iraq. Creating dams on the branches of the Tigris that irrigate Horul-Azeem and Horul-Huweza and divert the water from the main route to the routes intended by the Iraqi government so that water can be transferred for agriculture in dry areas was another measure in this field. Another challenge in the field of environment is the micro dust crisis. The important role of Hor-ul-Azeem wetland in neutralizing the storm dust that comes from the Rab-al-Khali desert towards Iran has been lost due to the drying up of this wetland. This wetland has not only lost its suction properties, but also adds to the deterioration of the fine dust situation in Khuzestan by accumulating fine-grained sediments along with very fine salt sediments on its bed, when the winds blow from the southwest to the northeast.

Horul Azim wetland is one of the most important natural Frontiers in the border region of Iran and Iraq, which is exposed to the crisis of drying up and the occurrence of social and biological phenomena in Iraq and Iran. Oil extraction by the countries of Iran and Iraq in the eastern and western parts of the wetland and not paying attention to the biological condition of the wetland has caused the pollution and drying of a large part of the wetland bed, especially in Iraq. The drying up of the wetland has caused the occurrence of dust, as well as increased migration from border cities to internal cities (Iran and Iraq) and increased air temperature in these areas, especially in summer. Also, in Iran, successive droughts and the increase in cultivated area in the Karkhe river basin (from upstream to downstream) ,and the development of fish breeding ponds have made it unable to provide the natural water rights of the wetland in the past years.

Water is a natural resource in constant movement through the hydrological cycle, and for this reason, understanding the law in this area is difficult and faces inadequacies. Water law, as one of the nascent fields of law, tries to organize social phenomena in a way that covers social rights in addition to respecting individual rights. What is certain is that water resource management cannot provide the necessary platform for crisis control without solving existing legal challenges. Governments have spent a long time to integrate this natural resource with legal requirements and regulations. Recently, the unitary and universal nature of water has received attention. In Iranian law, the cooperative and executive criminal policy in the field of water resources protection faces challenges. Therefore, despite the problems related to water shortage, the necessary capacity for accountability should be created and the level of executive and operational management should be improved from a legal point of view, and finally, a coherent and integrated criminal policy of water resources should be institutionalized with the support of various discussion platforms. In France, the water law was adopted on December 30, 2006, incorporating the principles confirmed in the 1992 law. The findings of the research indicate that the legal requirements for the protection of resources in France are quite complex and difficult to access, because the criminal policy and the law governing the protection and management of water are scattered in several articles, laws, decrees, etc. But in the field of structural requirements of executive and cooperative institutions, there have been some improvements. Although these developments are influenced by EU law, the requirements and legal framework of this vital resource pay more attention to its natural cycle, ecological reality, natural environments and water environments than criminal measures and official reactions.

Punishment reflected in judicial rulings is considered as one of the tools of government governance in the field of water resources management in the crisis-stricken region of Sistan. Therefore, identifying the philosophical goals and social influences of this institution reveals the strengths and weaknesses of the judicial procedure. The results of this study, which was conducted by descriptive-inferential analysis, showed that some courts in Sistan area follow the approach of utilitarian philosophy and others follow the approach of punishment. This philosophical dichotomy renders the justice system's policies in protecting water resources ineffective. On the other hand, judges' attention to the cultural, religious, social and identity structures of Sistan society in the sentencing stage can prevent the destructive social effects of punishment at the individual and social levels. Sociological analysis of examples of votes suggests that inappropriate response leads to the formation of a criminal identity resulting from social stigma in the convict and de-sensitizes the importance of these crimes.Keywords: water crimes,sociolegy, social effects of punishment, water rights

The water crisis is usually described as the imbalance between supply and demand when this problem is beyond a physical or hydrological phenomenon. The water crisis is rise out of a big gap in the organizational and economic aspects of the development, allocation, utilization and management of water resources. So to overcome the current deficit water situation it is required to do organizational reforms to update the water institution, in addition to investigate the current status of rights, policies and management of water resources. The main goal of this research was to study the meaning and concept of the water institution and water institutional reforms in different countries. Although this work was a review in view of data collection, but it is practicable. To achieve the objectives, analysis was done with emphasis on definition of water institution and its reforms. Reviewing the experience of countries shows that water institutional reforms have been done to improve water efficiency, effectiveness, sustainability and reduce governmental cost. In addition, equity and justice could be seen in some countries. To increase the required efficiency and security for investment in water resources, there should be transparent and compulsory rules and these rules must be revised over time.